Mr Jatinder Dhaliwal v Jaguar Land Rover Limited — 2019

The Claimant was employed by Jaguar Land Rover Limited from 16 April 2011 until his dismissal on 14 February 2019. He was dismissed for gross misconduct following allegations that he verbally and physically harassed a colleague, Mohammed Abdo. The Tribunal found that the reason for dismissal related to conduct, which was a potentially fair reason under section 98(2)(b) of the Employment Rights Act 1996.

The Tribunal found that the Respondent had a genuine belief that the Claimant had committed misconduct, had reasonable grounds for that belief, and had carried out a reasonable investigation. It noted that several colleagues had supported Mr Abdo's account, that the Claimant had not denied the allegations during the internal process, and that the Respondent interviewed the complainant, the Claimant and a number of relevant witnesses.

The Tribunal also found that the process was procedurally fair. The Claimant was invited to meetings, given documentation, made aware of the case against him, accompanied by a trade union representative, and given two opportunities to appeal. The Tribunal concluded that dismissal was within the range of reasonable responses, taking account of the seriousness of the conduct, the safety-critical environment, the Respondent's Dignity at Work policy, the Claimant's leadership role, and the mitigation raised by the Claimant.