Mr J Baker v Securitas Security (UK) Ltd — 2023

Mr Baker worked for the respondent as a Watch Manager at the Airbus site in Filton under TUPE-transferred terms. After the events of 26 June 2020 involving brown paper bags from an Elior employee and an allegation that he had taken food items from the canteen, the respondent investigated, suspended him, and later Airbus exercised its contractual right to withdraw his security badge. The tribunal recorded that he was not dismissed for gross misconduct relating to theft, and it gave little weight to parts of Mr Wookey's evidence because he accepted significant inaccuracies in his statement.

On unfair dismissal, the tribunal found that the reason for dismissal was some other substantial reason, namely the loss of customer approval / site-removal situation created by Airbus's withdrawal of the badge. It accepted that the respondent tried to follow its LOCA policy by seeking the claimant's representations and by considering alternative employment, and it held that the decision to dismiss was within the range of reasonable responses under s.98(4) ERA 1996. The tribunal noted some procedural issues, including the timing of letters and the GP note before the final meeting, but concluded that the process was fair overall.

The age discrimination complaints, apart from the dismissal allegation, were found to be out of time under s.123 EqA 2010. The tribunal decided it was not just and equitable to extend time, noting the lack of detail in the pleaded complaints, the delay in issuing proceedings, and the claimant's ability to engage with other meetings and legal advisers. The dismissal-related age discrimination allegation was in time, but the tribunal found that the dismissal was not because of age; it was because Airbus withdrew the badge and the LOCA policy was applied.

The tribunal also said that, had it had jurisdiction, it would not have upheld the specific age-based allegations about training, retirement comments, nights at his age, or being offered redundancy instead of dismissal. The claim for breach of contract succeeded because the parties agreed that £2,245.67 gross was owed in notice pay. The claim for a statutory redundancy payment had already been withdrawn at the preliminary hearing.