Homeease Care Solutions Ltd

Case Summary

The claimant was employed as Operations Director of a small family-run care company. He was dismissed following an investigation into allegations of misappropriation of funds using a company credit card and insubordination. Employment Judge George found the dismissal unfair because the investigation process was outside the range of reasonable responses, particularly because the claimant was not given access to key evidence relied upon by the decision-makers before the disciplinary hearing.

The tribunal found the dismissal unfair because the investigation process fell outside the range of reasonable responses. The claimant was not provided with detailed evidence of the alleged misappropriation (schedules of payments and accountants' analysis) that the decision-makers relied upon before or during the disciplinary hearing. Additionally, the allegation of insubordination relating to the claimant's challenge to his suspension was not included in the investigation conclusions or set out in writing in advance, denying him reasonable opportunity to respond.

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• •Whether claimant was unfairly dismissed on grounds of alleged misconduct including theft, fraud, and insubordination
• •Whether investigation and disciplinary process complied with reasonable responses test
• •Adequacy of disclosure of evidence to claimant during investigation and disciplinary proceedings
• •Whether management acted in bad faith due to internal power dispute between directors
• •Which written contract governed the employment relationship

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