Does a flawed investigation matter in a wrongful dismissal claim? England
I was dismissed for gross misconduct (described as theft/dishonesty) after a disciplinary hearing. I have less than two years' service, so I know I cannot bring ordinary unfair dismissal. I am pursuing a wrongful dismissal claim (breach of contract – notice pay).
My question is: in a wrongful dismissal claim, does the tribunal look at how flawed the investigation was, or is it only interested in whether I actually did what I was accused of?
Here is the situation roughly without going into too much identifying detail:
The dismissal letter says they considered my explanation that I believed the transaction was mine, but still concluded it was theft and dishonesty. They never made a finding on whether I actually had dishonest intent.
They never interviewed the colleague whose name was on the transaction, the one person who could confirm or deny whether I knew it was theirs.
There were two versions of the hearing minutes. The original omitted my explanation for why I did not speak to a manager before making the change. The amended version added it back. The manager accepted the omission and corrected it.
The dismissal letter was sent to a suspended work email. I did not receive it until 10 days after the stated termination date. The manager then re-dated the letter but left the termination date unchanged. I was suspended with pay at the time.
My appeal was directed to someone who was on annual leave, with no alternative contact.
I know wrongful dismissal is about whether I actually committed gross misconduct, not whether the employer's process was fair. But do tribunals take any of this into account when deciding whether the employer has proved their case? Or is it only about the facts?
I’ve already started the process with ACAS
Any advice from people who have been through this or know employment law would be appreciated.