Ms Sole (Counsel) v Respondent — 2020

The claimant, Mr Joel Alan Gold, was summarily dismissed by the Home Office on 4 June 2018 for alleged gross misconduct arising from remarks said to be racist or offensive. The tribunal found that conduct was a potentially fair reason for dismissal under section 98(2)(b) ERA 1996, but held that the dismissal was unfair under section 98(4) ERA 1996 because the employer did not have reasonable grounds for its conclusion and the process was not fair in practice.

The tribunal accepted that the employer was entitled to investigate the allegations, but found material flaws in the investigation, disciplinary hearing, and appeal. It said there had been delay, that witness evidence and notes were unreliable in parts, that some conflicts in the evidence were not properly explored, and that the claimant’s alternative explanations were not given sufficient weight. The tribunal also found that the decision-makers were too ready to accept the witnesses’ accounts and that the appeal did not cure the defects in the original decision.

On remedy, the tribunal rejected an ACAS uplift under section 207A TULR(C)A 1992, rejected a Polkey deduction and any deduction for contributory fault, and made no deduction for mitigation because the claimant found alternative work on 1 September 2018. It accepted £500 for loss of statutory rights and assessed the total award at £16,371.27, comprising a basic award of £254 and compensatory award of £16,117.27.