In this episode of Buzzing About HR, we are looking at a real tribunal case that should make every small business pause for a second.

A long-serving shift manager, clean record, no history of issues, dismissed for gross misconduct after giving a 50% staff discount on takeaway food instead of the policy-compliant 20%.

On paper, it looks straightforward. Policy breached. Evidence confirmed. Decision made.

But the tribunal said otherwise.

Because this was not really about the discount. It was about proportionality. And more importantly, the appeal stage that should have caught it and didn’t.

In this episode, I break down exactly where it went wrong. The line between negligence and dishonesty is getting blurred. Documentation that did not quite stack up. Inconsistent application of rules. And a policy that clearly was not as understood as the business thought it was.

Most importantly, we look at the appeal process. Because that is your safety net. The moment where you step back, sense check the facts, and ask one simple question. Is this decision fair?

In this case, that did not happen. And that is what turned a manageable situation into an unfair dismissal finding.

I then walk you through a simple small business playbook to stop this from happening in your world. How to make policies actually usable with real examples. How to follow a fair ACAS-aligned process without overcomplicating it. How to sense check proportionality before you land on an outcome. And how to keep evidence clean, clear, and consistent.

We also talk about when to bring in an independent appeal chair, especially when you do not have someone senior and uninvolved who can genuinely review things with fresh eyes.

Because this is the bit people miss.

The appeal is not a rubber stamp. It is your second chance to get it right.

If you want your processes to be fair, defensible, and not end up costing you far more than a discounted meal, this episode is for you.

Subscribe, share it with a manager who needs a reminder that fairness matters, and leave a review telling me the one policy in your business that probably needs tightening.

If you’re not 100% sure how your HR is really holding up, take our free HR Health Check. It’s short, jargon-free, and gives you a clear score on what’s working — and what needs a bit of love.

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If you're not sure how your HR is really holding up, take the free HR Health Check. It's short, jargon-free, and gives you a clear score on what's working and what could do with a bit of love.

Enjoyed this episode? Subscribe so you never miss one, and leave a review if you've got thirty seconds. It honestly does help more small business owners find the show, and it's the cheapest good deed you'll do all week.

Got a question or need actual HR support? Find Kate at kateunderwoodhr.co.uk, email [email protected], or follow along on social.

Until next time, keep buzzing, and take care of your people.