Case 2216217/2023 · Employment Tribunal
in person For the v Respondent — 2024
- Case reference
- 2216217/2023
- Decision date
- 30 May 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hodgson Representation
- Venue
- London Central
Parties
1 namedClaimant
in person For the
Respondent
- —
Key findings
Tribunal's reasoningThe claimant was summarily dismissed following allegations that he made inappropriate sexual comments during a workplace conversation. The disciplinary panel accepted the complainant's account, treated the matter as gross misconduct, and dismissed the claimant; the claimant appealed shortly after receiving the outcome.
The tribunal found that the respondent gave no adequate explanation for failing to deal with the appeal at all. It held that an appeal could have been relevant to whether the conduct amounted to misconduct and whether dismissal was an appropriate sanction, including because the context of the conversation and comparator treatment remained matters that could have been reviewed. The dismissal was therefore unfair, with remedy left to a separate hearing.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the unfair dismissal claim well-founded and directed that remedy, including contribution and any Polkey reduction, would be considered at a remedy hearing. | Upheld | — | — |
Legal tests applied
5 references- s.98(4) Employment Rights Act 1996
- ACAS code
- Polkey v AE Dayton Services Ltd [1987] UKHL 8
- Taylor v OCS Group Limited 2006 ICR 1602 CA
- Westminster City Council v Cabaj [1996] ICR 960
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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