Mr. K Pokowa v London Borough of Croydon — 2020

The claimant was dismissed without notice after a disciplinary process concerning an incident in Croydon central library and alleged unauthorised absences for trade union duties. The tribunal found that the respondent had reasonably investigated the library incident, including the claimant's allegation that he had been subjected to racially offensive comments, and had taken statements from relevant witnesses. It found the disciplinary process gave the claimant an opportunity to challenge evidence and put forward his account.

The tribunal accepted that the decision-maker, Mr Tate, dismissed the claimant for conduct. It found that Mr Tate had a genuine belief, on reasonable grounds after a reasonable investigation, that the claimant had committed three acts of misconduct: directing a kick towards a service user during the library incident, repeated unauthorised absences during working time, and conduct while wearing a council lanyard that affected confidence in the employment relationship. Dismissal was found to be within the range of reasonable responses, and the tribunal concluded that the dismissal was substantively and procedurally fair.

On the trade union complaint, the tribunal found that the dismissal had nothing to do with the claimant's trade union activities and was based on the conduct findings. On wrongful dismissal, the tribunal made its own findings and concluded that each of the three acts amounted to gross misconduct, so the claimant was not entitled to notice pay.