Mr C M Seaman v Alliance Automotive UK LV Limited — 2022

Mr C M Seaman was employed by Alliance Automotive UK LV Limited as a driver from 8 August 2016 until his dismissal on 4 May 2021. The tribunal found that on 21 April 2021 he used the word "nigger" in the workplace, within earshot of Mr Delroy Rudd. Mr Seaman accepted using the word, but maintained that he did not appreciate how offensive it was and that its use was justified in the context of a discussion about an incident involving a black person in America. He also relied on comparisons with the handling of other employees, including Mr Rudd, Mr Wild and Mr Giles.

The tribunal found that the reason for dismissal was conduct. It accepted that the respondent had reasonable grounds to believe Mr Seaman had used wholly unacceptable language, and that a proper investigation had been carried out by Mr Ledgeway, Mr Bailey and then on appeal by Mr Goulbourne. The tribunal rejected the claimant's criticisms of procedure and found that Mr Rudd had not used foul language aimed at the claimant or his wife, but had been trying to make the claimant understand the gravity of his conduct. It also found that the differences relied on in relation to Mr Wild and Mr Giles did not assist the claimant.

Applying sections 98(1), 98(2) and 98(4) of the Employment Rights Act 1996, the tribunal held that dismissal for gross misconduct was within the range of reasonable responses. The unfair dismissal claim was therefore dismissed, and the breach of contract claim fell with it under section 86 ERA. The tribunal also ordered that the claimant's £300 deposit be paid to the respondent under rule 39(5), on the basis that the specific allegation or argument had been decided against him for substantially the reasons given in the deposit order.