Mr Keeron John v Office for National Statistics — 2023

The claimant was dismissed without notice after the respondent investigated allegations that he had taken breaks from work, including time outside the building, without reflecting that time in his flexi time recordings. The tribunal accepted that the respondent dismissed him for conduct, namely conduct it considered a serious breach of policy, probably fraudulent, and gross misconduct.

On unfair dismissal, the tribunal found that the decision maker had a genuine belief in the claimant's conduct, based on reasonable grounds after a reasonable investigation. It found that the disciplinary procedure followed the respondent's policy, that the claimant's mitigation was considered, and that dismissal fell within the range of reasonable responses.

On direct age discrimination, the tribunal found that the claimant had not proved facts from which it could conclude that age played any part in the disciplinary process or dismissal. The tribunal also found that, even if the initial burden had been met, the respondent's evidence showed that age was not a factor in the decisions made.