The Employment Appeal Tribunal has held (in the case of Celebi v Scolarest Compass Group UK) that an employee’s dismissal was unfair following an allegation that she was responsible for the "loss of £3,000", when the real reason for the dismissal was the employer’s belief that she had stolen the money. It confirmed that it is a ‘fundamental right’ that an employee who is accused of dishonesty should have that allegation put to them. Mrs Celebi claims that she collected £3,400 in cash, which she counted and placed in a bag and gave to the courier for the bank. However, the bank reported that they only received £400.
She was suspended and told investigations were taking place into the "loss" of the money. She was then invited to a disciplinary hearing and informed the allegations consisted of "incorrect reporting of stock figures, following of financial procedures, discrepancies in banking" and that she was at risk of dismissal. The allegation of theft had never been directly put to her, leading to a finding of unfair dismissal (although compensation is yet to be dealt with, and she might well receive no money). This highlights the importance of precisely setting out the nature of disciplinary allegations to employees in any letter suspending them, or inviting them to a disciplinary hearing, avoiding ambiguous phrases.
