Mr Nigel Wills v Network Rail Infrastructure Limited — 2023

The Claimant was dismissed after the Respondent investigated an allegation that he removed a toolbox from the Liverpool Street IECC compound, took it home in his car without permission, and returned it after being notified of a meeting. The Tribunal found that the dismissing officer honestly believed the Claimant was guilty of the alleged conduct, had reasonable grounds for that belief, and had the benefit of a reasonable investigation, including further enquiries after the disciplinary hearing was adjourned.

The Tribunal found that dismissal without notice was within the band of reasonable responses and that the disciplinary procedures were clear and reasonable. It considered points raised about an external HR partner's running commentary in a Disciplinary Case Report, but relied primarily on attributable contemporaneous documents and found no decision had been made to close the case before formal action proceeded.

The breach of contract claim was dismissed because the Tribunal found the Claimant's gross misconduct amounted to a repudiatory breach of contract, entitling the Respondent to dismiss without notice. The direct race discrimination claim was also dismissed: the Tribunal found the proposed comparators were not appropriately comparable and that the Claimant had not established facts from which discrimination because of race or colour could be inferred.