Mr J Acholonu v Transport for London — 2021

The claimant was dismissed after the respondent found that he had referred to a colleague, anonymised as Z, using the words "bloke" and "fellow" and the incorrect pronoun during a conversation in a public venue. The tribunal found it was reasonable for the respondent to conclude that the remarks had been made, relying on two consistent accounts and noting inconsistencies in the claimant's own accounts.

The tribunal found that the respondent genuinely believed the claimant had committed misconduct, that the belief was held on reasonable grounds, and that the investigation and disciplinary process were reasonable. It rejected criticisms that Z should have been interviewed, that another witness's evidence had been unfairly disregarded, and that the dismissing officer should have recused himself.

The tribunal concluded that dismissal was within the range of reasonable responses. It took account of the respondent's policies on equality and inclusion, the public setting, the respondent's consideration of the claimant's lack of remorse or acceptance, and previous concerns about the claimant's communication style. The claim was dismissed.