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Argos Ltd v Campos Dos Reis - Adequacy of investigation in "conduct" dismissal [2010] EAT

An Employment Tribunal's decision as to whether a dismissal is unfair will not be reversed if it has properly directed itself as to the adequacy of the employer's investigation into the employee's conduct and has not substituted its own view for that of the employer.

Mr Campos Dos Reis was employed as a Stock Team Leader by Argos Ltd from December 2007. CCTV evidence showed that, on 12 May 2009, he was one of seven employees who potentially had access to a computer from which an e-mail reading "I've got a message for you: fuck youuuuu?" was sent to an Area Manager. Three of the employees were subsequently eliminated from the employer's investigation. Mr Campos Dos Reis was immediately suspended – no comparable action was taken against any of his colleagues – and, following a disciplinary hearing, summarily dismissed, despite his consistent denials that had sent the e-mail.

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