Unfair dismissal
Outcome:
The claim for unfair dismissal was rejected.
Key findings:
- The Respondent showed that the reason for dismissal was the Claimant’s abusive and threatening conduct during the workplace incident, which constituted gross misconduct. CCTV evidence confirmed this.
- The Tribunal found the Respondent had a reasonable belief in the misconduct, conducted a reasonable investigation, and gave the Claimant opportunities to respond.
- The dismissal fell within the range of reasonable responses open to a reasonable employer, given the seriousness of the behaviour.
- Allegations that the dismissal was motivated by the Claimant’s prior Tribunal claim were not accepted.
Lessons learned:
- A disciplinary process will generally be upheld if the employer shows a genuine belief in misconduct, reasonable grounds for that belief, and a reasonable investigation in the circumstances.
- The Tribunal will not substitute its own view for that of a reasonable employer, but will assess whether the decision was within the band of reasonable responses.
