Unfair Dismissal: Mr Pitchell v JATA Construction Ltd

Mr. Pitchell worked for JATA Construction for four years before he was dismissed for what the company claimed was gross misconduct. The issue? He used the company credit card to make a personal purchase worth £100.

But here’s the key part: Mr. Pitchell immediately phoned his employer, admitted what he’d done, and asked how he could pay the money back. He then left £100 in cash at the company office.

Despite his honesty, the company fired him. However, when the case went to an Employment Tribunal, it ruled the dismissal was unfair, and Mr. Pitchell was awarded over £26,000 in compensation.

The Tribunal highlighted several problems with how the company handled the situation:

• They didn’t report the incident as theft, which suggested they didn’t truly believe he was being dishonest.

• Mr. Pitchell had been open about similar mistakes in the past, and those were resolved by deducting money from his pay.

• The company didn’t carry out a proper investigation before deciding to dismiss him.

What Employers Should Learn from This

Before taking serious disciplinary action, employers should:

• Investigate thoroughly

• Consider the full context, including the employee’s past behaviour

• Avoid rushing to judgment, especially when the employee shows honesty and a willingness to put things right

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