Mr M Tait v Discovery Flexibles Ltd: 4105591/2020

Judgment Date01 June 2021
Citation4105591/2020
Published date09 June 2021
CourtEmployment Tribunal
Subject MatterUnfair Dismissal
E.T. Z4 (WR)
EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No: 4105591/2020
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Hearing held at Dundee on 5 and 6 May 2021
Employment Judge McFatridge
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Mr Mark Tait Claimant
Represented by:
Ms Campbell,
Solicitor
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Discovery Flexibles Limited Respondent
Represented by:
Mr Russell,
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Solicitor
JUDGMENT OF THE EMPLOYMENT TRIBUNAL
The judgment of the Tribunal is the claimant was not unfairly dismissed by the
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respondent. The claim is dismissed.
REASONS
1. The claimant submitted a claim to the Tribunal in which he claimed that he
had been unfairly dismissed by the respondent. Initially, he made a claim
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that his dismissal was automatically unfair in terms of section 103A of the
Employment Rights Act 1996 in addition to his claim of ordinary unfair
dismissal however the claim under section 103A was subsequently
withdrawn by him and dismissed by Order of the Tribunal dated
22 January 2020. The respondent submitted a response in which they
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denied the claim. It was their position that the claimant had been
4105591/2020 Page 2
summarily dismissed for gross misconduct and the dismissal was
procedurally and substantively fair. The hearing took place over two days.
Evidence was led on behalf of the respondent from David McColl their
Production Manager, Thomas Czyba a Senior Operator in their slitting
department, William Harris a Team Leader/Machine Operator with the
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respondent, Paul Collins their Operations Manager, and James Urquhart
their Owner/Managing Director. The claimant gave evidence on his own
behalf. The parties lodged a joint bundle of documentary productions.
This included a chronology which the parties confirmed on the morning of
the first day of the hearing was an agreed chronology. It also included a
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list of issues. On the basis of the evidence and the productions and the
agreed chronology the Tribunal found the following factual matters
relevant to the claim to be proved or agreed.
Findings in fact
2. The respondent are a company which manufactures specialist wrapping
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for the confectionary and food industry. Essentially they make wrappers
for biscuits and sweets such as Tunnock’s tea cakes. They operate from
a single site in Dundee. The company has been in existence for many
years and a feature of this make-up is that many employees and managers
have been with the company for a very long time. The present Managing
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Director started off on the shop floor when he was 17. The company went
through a financial crisis approximately two years ago following which it
was purchased by the current Managing Director.
3. The claimant commenced employment with the respondent on or about
1 July 2017. A copy of his contract of employment was lodged (pages 38-
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47). The respondent also have an Employee Handbook and a copy of this
was lodged (pages 48-88).
4. In May 2020 the company had approximately 68 employees. The onset of
the Covid pandemic in March 2020 posed considerable difficulties to the
respondent. On the one hand there was a rush in the supermarkets on
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various products which utilised the company’s packaging and this led to a
boom in orders for the company. On the other hand four of their customers
decided at around this time to close their production lines. The company

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