Tribunal Rules Rolls-Royce Unfairly Dismissed Senior Engineer After Flawed Investigation

Rahman Lowe secures major unfair dismissal victory against Rolls-Royce

An Employment Tribunal has ruled that Rolls-Royce unfairly dismissed a senior engineer after conducting what the Tribunal described as a fundamentally flawed and one-sided investigation.

The London South Employment Tribunal upheld Rahman Lowe client’s unfair dismissal claim, concluding that the decision to dismiss Mr Derek Pickett fell outside the range of reasonable responses expected of a reasonable employer.

Dismissal based on assumption, not evidence

Mr Pickett was accused of stealing a work iPad after CCTV footage showed him briefly picking it up in a training room in February 2024. Despite Mr Pickett consistently explaining that the iPad had been taken by mistake and returned shortly afterwards, he was dismissed for alleged gross misconduct.

The Tribunal found that Rolls-Royce relied on suspicion rather than proof, failed to conduct a fair and impartial investigation, and ignored evidence capable of supporting his account.

Employment Judge Wilson was highly critical of the employer’s approach, finding that Rolls-Royce:

• Delayed its investigation for weeks after obtaining CCTV footage;
• Failed to obtain, preserve or even enquire about crucial CCTV evidence that could have corroborated Mr Pickett’s explanation;
• Asked leading questions of witnesses while failing to test Mr Pickett’s version of events;
• Proceeded on the basis of a foregone conclusion of guilt;
• Failed to properly investigate the later return of the iPad, despite its obvious relevance.

The Tribunal described Mr Pickett as a credible witness and rejected the suggestion that the limited CCTV footage relied upon was sufficient to justify dismissal.

No reduction to compensation

The Tribunal also held that:

• Mr Pickett would not have been fairly dismissed even if a proper procedure had been followed;
• He did not contribute to his dismissal by any blameworthy conduct. As a result, no reduction will be made to any compensation awarded.

Jahad Rahman, employment partner at Rahman Lowe Solicitors, said:

“This was a textbook example of an employer jumping to conclusions and then building an investigation around those assumptions rather than the evidence. The Tribunal was clear that Rolls-Royce failed to carry out a fair, impartial investigation and ignored evidence that did not fit its narrative. This judgment sends a strong message that even the largest employers must follow basic principles of fairness before ending someone’s career.”

Mr Pickett’s unfair dismissal claim succeeded in full. A remedy hearing will now be listed to determine compensation. To review the judgment of the Tribunal, please click here.

MEDIA INQUIRIES: Jahad Rahman on 07956 450814 or jrahman@rllaw.co.uk.