Mr D Mohamuud Jimale v Abellio London Limited — 2021

The claimant, a PCV bus driver, resigned after the respondent refused to allow him to be accompanied at disciplinary proceedings by John or Francis Neckles of the PTSC Union. The Tribunal found that the operative disciplinary procedure was the July 2018 procedure, that there was no contractual right to be accompanied at investigation or fact-finding meetings, and that the previous examples relied on did not establish a current custom and practice.

The Tribunal found that the claimant was denied his statutory right to be accompanied at the disciplinary hearing on 12 November 2018 because his chosen companions fell within the statutory categories and the worker's choice did not have to be reasonable. That section 10 complaint succeeded for the 12 November hearing only, with remedy to be determined separately.

The constructive unfair dismissal claim failed because the Tribunal found no repudiatory breach of contract or breach of the implied term of trust and confidence. It found that the respondent had reasonable and proper cause to refuse accompaniment by the Neckles brothers, offered the claimant an opportunity to find alternative representation, and that the claimant resigned rather than being dismissed. The section 12 detriment and dismissal complaints and wrongful dismissal complaint were also dismissed.