Background:
The Complainant, who had special needs that the organisation was aware of, argued that these needs and mitigating factors contributed significantly to her uncharacteristic behaviour. Namely, theft from a cloakroom. The central issue was not whether a sanction was necessary but whether Dismissal, a severe penalty, was proportionately and reasonably imposed. It was emphasised that while employers have discretion within a band of reasonableness, this discretion must not breach the principle of proportionality. The employer was required to explain to the Tribunal why Dismissal was chosen over other options, fully considering its severe impact on the Complainant's life. The Complainant acknowledged her wrongdoing but contested the fairness and proportionality of the sanction, given her special needs. She highlighted