Mr Zahir Zaman v Mitie Limited — 2023

The claimant, a Security Operations Manager, admitted taking two bicycles from the respondent's premises after they had been in lost property for over a year. He said he had discussed the bikes with Olivia Shirley and intended to make a charity contribution, but had not made payment or told his line manager after taking them. The tribunal found the respondent had reasonable grounds to believe he had committed misconduct by removing the bicycles without permission and in breach of policy.

The tribunal found the investigation, disciplinary process and appeal were reasonable and procedurally fair. It rejected the contention that the matter was predetermined and found that Olivia Shirley had been interviewed. Taking account of the claimant's seniority, the industry, the lack of payment, and the lack of communication with his line manager, the tribunal held that dismissal was within the range of reasonable responses and dismissed the unfair dismissal claim.

On race discrimination, the tribunal extended time, finding no prejudice to the respondent and noting the short period involved. It then found that the claimant had not been treated less favourably than his named comparators, whose circumstances were materially different because they were significantly less senior and did not hold comparable authority; one had resigned when his investigation began. The tribunal also found that a hypothetical comparator would overwhelmingly likely have been similarly treated, so the direct race discrimination claim was dismissed.