Mr. J. Woodcock v Network Rail Infrastructure Limited — 2024

The claimant, a Team Leader at Network Rail Infrastructure Ltd, was suspended in April 2021 and later dismissed in May 2022 following allegations of unwanted conduct and harassment of a female colleague (referred to as MB). He brought claims of unfair dismissal, sex discrimination, disability discrimination (discrimination arising from disability and failure to make reasonable adjustments), wrongful dismissal, and unauthorised deductions from wages (alternatively breach of contract) in relation to being paid only basic rate pay during the lengthy suspension.

The tribunal dismissed all claims. On unfair dismissal, the tribunal accepted conduct as the reason for dismissal within s.98(2)(b) ERA 1996 and found the dismissal fair under s.98(4). The sex discrimination claim failed, with the tribunal also considering time limits. The disability discrimination claims failed; the respondent disputed that the claimant was disabled by depression and anxiety, contending the relevant impairment was addiction to alcohol. The wrongful dismissal claim failed, and the contractual/deductions claim concerning the rate of pay during suspension also failed. A separate breach of contract claim relating to the length of the grievance and disciplinary processes was withdrawn on 27 February 2024.

The hearing was held in person at London Central before Employment Judge Goodman sitting with two lay members over February and March 2024, with deliberations 11-13 March 2024. The tribunal ordered partial anonymisation of the colleague (MB) to balance open justice with her Convention right to privacy, given that aspects of her private life appeared in the bundle but had limited relevance to the claims.