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Ex-manager of Michelin-starred Fordwich Arms near Canterbury loses unfair dismissal claim after sacking for 'theft'

The former manager of a Michelin-starred Kent restaurant has lost his claim for unfair dismissal after being sacked for pocketing £200 cash from a customer's bill.

Guy Palmer-Brown brought the action against the owners of the Fordwich Arms near Canterbury, who suspended and then dismissed him for the "theft".

Guy Palmer-Brown (left) pictured at the Fordwich Arms in 2017 with Dan and Natasha Smith
Guy Palmer-Brown (left) pictured at the Fordwich Arms in 2017 with Dan and Natasha Smith

CCTV had captured him putting money paid by a diner into his pocket and throwing the bill in a bin.

At the hearing, claimant Palmer-Brown, who had been with the business since it opened in 2017, denied any wrongdoing and sought to explain his actions around the "missing monies".

But an employment tribunal judge was not persuaded and threw out the claim.

The circumstances date back to 2020, when Palmer-Brown was employed as front-of-house manager at the award-winning pub, opened by Dan and Natasha Smith.

The tribunal heard that on the night of the incident, staff had noticed less money in the till than expected, having been aware that a customer had paid his bill in cash.

Daniel and Natasha Smith inside the Fordwich Arms. Picture: Alan Langley (59918291)
Daniel and Natasha Smith inside the Fordwich Arms. Picture: Alan Langley (59918291)

A series of text message exchanges were revealed at the hearing, in which another employee told Palmer-Brown he could not find payment for the customer, who replied to say he thought the bill had been paid by card and that he would cash up later.

Shortly after, Palmer-Brown sent a text to say he gave the payment to a bartender.

He then sent a further text saying "maybe he paid cash - I remember giving the bill to Dawn".

He added "if the cash works leave it” and “we can have a look next week".

Later that evening Palmer-Brown sent a further text saying: "Maybe I had (customer X’s) payment in my jacket thinking about it."

Outside at The Fordwich Arms
Outside at The Fordwich Arms

In evidence from the owners, the tribunal heard that Mr Smith had later viewed the CCTV after staff raised concerns and was shocked to see Palmer-Brown pocket the cash and throw the bill away.

On Monday, January 27, 2020, when the business was closed, Palmer-Brown arrived at the pub in the morning and went to the office.

At 11.28am the CCTV security cameras stopped working and at 11.30am the claimant caused a bill to be produced in the sum of £181 plus 12.5% service charge for table 30.

Palmer-Brown then input data to show the bill had been paid.

He then left the cash payment he received from the customer on the desk in the office, together with the bill. Just before 11.40am the CCTV cameras again became operative and he left five minutes later.

Mr Smith later reviewed the CCTV and then phoned Palmer-Brown and suspended him, launching an internal investigation.

The allegations of misappropriation of funds were later proven, and Palmer-Brown was sacked for gross misconduct in April 2020.

"The decision to dismiss for the dishonesty was well within the band of reasonable responses...."

Reviewing the evidence, Judge John Pritchard said Mr Smith had been well within his rights to dismiss Palmer-Brown for dishonesty.

He believed the owners had followed the correct disciplinary procedures and rejected the claim.

He also rejected Palmer-Brown's suggestion that the Smiths were resentful of him and looking for a way to justify his dismissal.

"The tribunal is satisfied that both Mr Smith and Mrs Smith held a genuine belief in the claimant's misconduct, based on reasonable grounds following as much investigation as was reasonable in the circumstances," he said.

"Mr Palmer-Brown was in a position of trust and a member of senior management. The decision to dismiss for the dishonesty was well within the band of reasonable responses."

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