in person For the v Ms Carter – Counsel — 2020

Mr Robson was employed by South Eastern Railway Ltd as a Platform Manager from 1 December 2008 until 11 April 2019, when he was dismissed for gross misconduct. The incident arose on 5 March 2019, when he approached DO to check whether DO was wearing safety shoes; the tribunal recorded that the claimant admitted he stamped on DO's foot, and the incident was captured on CCTV.

The tribunal heard evidence from Mr Musonda, who investigated the matter, and Mr Hackett, who chaired the disciplinary hearing. It found that the respondent viewed the CCTV, interviewed the claimant and DO, and followed a disciplinary process that was in accordance with its policy and ACAS guidance. Applying section 98(4) ERA 1996 and British Home Stores v Burchell, the tribunal held that the respondent had a genuine belief on reasonable grounds that the claimant had committed misconduct and that the investigation was reasonable.

The tribunal also found that the dismissal decision fell within the band of reasonable responses. It accepted that the claimant had been given full opportunity to put his case at the disciplinary and appeal stages, that the third point of contact showed excessive force, and that the respondent was entitled to conclude that summary dismissal was justified even without previous disciplinary matters. On the balance of probabilities, the tribunal found that the claimant had committed the act for which he was dismissed and that the respondent was entitled to dismiss without notice, so the unfair dismissal and wrongful dismissal claims were dismissed.

The judgment's final disposition also dismisses the holiday pay and unauthorised deductions from wages claims. No monetary award was made.