Every week, tribunal decisions quietly reshape the way employers should think about fairness, proportionality and risk. Some cases are complex. Others are a masterclass in what not to do.
And then there are the ones that make most HR professional’s wince.
One recent example involved a Wetherspoons employee with 22 years of loyal service. A simple till error pressing a 50% discount instead of 20% was labelled gross misconduct. No conversation. No context. No proportionality. Just instant dismissal under a zero‑tolerance policy.
The tribunal’s response was clear: unfair dismissal.
Why? Because zero‑tolerance policies don’t distinguish between a genuine mistake and deliberate wrongdoing. They remove judgement. They remove humanity. And they remove the employer’s ability to defend their actions when challenged.
What the judge saw
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A long-serving employee with a clean record
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A genuine error, not an act of dishonesty
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A policy applied rigidly, without thought or investigation
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A decision that ignored common sense
The outcome cost the business thousands not because they didn’t have a policy, but because they followed it blindly.
What this means for employers
Tribunal judges expect proportionality. They expect managers to think. They expect policies to guide decisions, not dictate them.
A zero‑tolerance approach might feel neat and decisive, but in practice it creates risk. It removes the space for context, intent, and humanity all of which tribunals consider essential.
Where HR leadership matters
At Starfish People HR, we see this pattern often. Businesses rely on policies that look tidy on paper but fall apart in the real world. Policies that don’t give managers permission to use judgement. Policies that accidentally expose the organisation to claims rather than protecting it.
Your policies should:
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Allow for nuance
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Support fair decision‑making
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Empower managers to assess intent
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Protect your business, not punish your people
Because “it’s our policy” is not and never has been a defence at tribunal.
If this made you pause… it’s probably time for a review
We help SMEs create policies that work in practice, not just in theory. Policies that reflect your culture, your values and the realities of day‑to‑day management.
If you’d like us to sense‑check your current policies or help you build a more human, defensible framework, get in touch. A conversation now could save you a tribunal later.
If you’d like to review your disciplinary and investigation procedures, we are here to help.
Feel free to message me or book a Human‑First HR Clarity Session for practical results driven guidance on a real issue you’re dealing with right now.
