Mr. Gordon Keighley v Tesco Stores Ltd — 2020

The claimant was summarily dismissed after the respondent concluded that he had behaved aggressively and inappropriately towards a colleague at a handover meeting, used a grievance as a threat towards that colleague, and made homophobic comments about that colleague. The tribunal found that the respondent carried out a reasonable investigation, including interviews with relevant witnesses, disciplinary and appeal processes, and further investigation where points were raised by the claimant.

On disability, the claimant relied principally on anxiety and depression, and at the hearing also referred to sleep apnoea. The tribunal found that the claimant had not proved a substantial and long-term adverse effect on normal day-to-day activities at the material time, and that the respondent did not have actual or constructive knowledge of such effects. The discrimination arising from disability complaint therefore failed.

On unfair dismissal, the tribunal found that the dismissing officer had a genuine belief, on reasonable grounds after reasonable investigation, that the claimant had committed the three acts of serious misconduct. It found that dismissal fell within the band of reasonable responses, taking account of the claimant's senior role, the respondent's policies, his long service and prior record, and the respondent's assessment of the risk of repetition. The appeal was found to be thorough and not a rubber stamp, and the unfair dismissal complaint was dismissed.