Mr D Ajiboye v Bouygues E&S Solutions Limited — 2023

The claimant, a Security Officer, brought complaints of unfair dismissal and trade-union-related detriment. The trade union complaint concerned a final written warning issued after the respondent considered matters relating to the claimant's sickness absence and travel to Nigeria. The tribunal found that the warning was a detriment, but that the respondent's main purpose was not to penalise the claimant for trade union activities and that the activities relied on were not carried out at an appropriate time.

The unfair dismissal complaint concerned disciplinary proceedings after the claimant did not carry out sanitiser checks on 28 and 29 March 2022. The tribunal found the dismissal unfair, identifying procedural shortcomings including that a fair process would have awaited the claimant's return to work and involved further investigation. It also found that the claimant's conduct contributed 75% to the dismissal, based on the absence matter and the failure to carry out the sanitiser checks.