Mr A Opoku v Royal Mail Group Limited — 2023

The claimant was summarily dismissed for gross misconduct after allegations of intimidating and inappropriate behaviour towards a colleague at or near a bus stop after work. The tribunal identified issues in the initial investigation and disciplinary decision, including omissions in witness interviews, questions about the dismissing manager's role, delay, and the influence of the claimant's refusal to engage with the disciplinary process.

The tribunal found that flaws in the initial stage were remedied by the appeal, which was conducted as a rehearing by an independent manager. The appeal manager interviewed further witnesses, overturned the specific finding that the claimant had followed the colleague, but upheld the finding of inappropriate conduct in intimidating or staring at her at the bus stop, supported by witness evidence.

Applying the misconduct dismissal authorities, the tribunal found that the respondent, through the appeal process, had reasonable grounds for believing in the claimant's misconduct after a reasonable investigation. It accepted the appeal manager's evidence that dismissal, rather than a final written warning, was chosen because the claimant's behaviour was considered unlikely to change. The tribunal concluded dismissal was within the range of reasonable responses and the unfair dismissal claim did not succeed.