Case 2201508/2020 · Employment Tribunal
Ms L Huxley v Govia Thameslink Railway Ltd — 2019
- Case reference
- 2201508/2020
- Decision date
- 27 August 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Khan
- Venue
- London Central
Parties
2 namedClaimant
Ms L Huxley
Respondent
Key findings
Tribunal's reasoningThe claimant, a Passenger Host, was dismissed after reporting to the British Transport Police that a passenger had physically assaulted her at Potters Bar station. The respondent investigated after BTP raised concerns that the claimant's signed statement alleging a shoulder barge and contact with her right shoulder was inconsistent with CCTV footage.
The tribunal found that the respondent had reasonable grounds to believe the claimant had made a false allegation of physical assault. It found that the respondent's managers reached their own conclusions by comparing the MG11 extracts, CCTV footage and the claimant's explanations, and that the investigation and disciplinary procedure were within the band of reasonable responses.
The tribunal also found that dismissal was within the band of reasonable responses. It relied on the respondent's findings that the conduct was dishonest, concerned a statement to police that could be used in criminal proceedings, potentially damaged the respondent's relationship with BTP, and arose in circumstances where the claimant had put herself at risk. The unfair dismissal claim therefore failed and was dismissed.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal dismissed the sole complaint of unfair dismissal. | Dismissed | — | — |
Legal tests applied
12 references- s.98(4) ERA 1996
- British Home Stores v Burchell
- Burchell test
- band of reasonable responses
- Iceland Frozen Foods v Jones
- Sainsbury's Supermarkets v Hitt
- Taylor v OCS Group Ltd
- Sharkey v Lloyds Bank Plc
- ACAS Code of Practice on Disciplinary and Grievance Procedures
- Polkey v AE Dayton Services Ltd
- ERA section 123(6)
- section 207A Trade Union & Labour Relations (Consolidation) Act 1992
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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