Case 2400482/2024 · Employment Tribunal
Mr R Ogden v Booker Ltd — 2024
- Case reference
- 2400482/2024
- Decision date
- 18 October 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shergill
Parties
2 namedClaimant
Mr R Ogden
Respondent
Key findings
Tribunal's reasoningThe claimant was dismissed for gross misconduct after the respondent concluded he had breached its dignity at work policy by making inappropriate comments to a co-worker. The Tribunal accepted that misconduct was the reason for dismissal and that the respondent had a genuine belief, on reasonable grounds, that misconduct had occurred.
The Tribunal found that the respondent had not carried out a reasonable investigation and had not followed a reasonably fair procedure. It identified cumulative procedural failings, including the exclusion of workplace culture from the assessment and insufficient explanation of how the claimant's previous seven years of exemplary conduct and other mitigation were weighed.
The Tribunal concluded that dismissal was outside the band of reasonable responses. The unfair dismissal claim was well-founded, and the case was listed to proceed to a separate assessment of quantum.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Liability judgment only; the case was to proceed to an assessment of quantum. | Upheld | — | — |
Legal tests applied
20 references- s.98 ERA 1996
- s.98(2)(b) ERA 1996
- Burchell test
- band of reasonable responses
- British Home Stores v Burchell [1980] ICR 303
- Iceland Frozen Foods Limited v Jones [1993] ICR 17
- Foley v Post Office and Midland Bank plc v Madden [2000] IRLR 82
- Salford Royal NHS Trust v Roldan [2010] EWCA Civ 522
- London Ambulance Service NHS Trust v Small [2009] EWCA Civ 220
- Sainsbury's Supermarket Ltd v Hitt [2002] EWCA Civ 1588
- Orr v Milton Keynes Council [2011] ICR 704
- Royal Mail Ltd v Jhuti [2019] UKSC 55
- Devis v Atkins [1977] ICR 622
- CRO Ports London Ltd v Wiltshire EAT 0344/14
- West Midlands Co-Op Ltd v Tipton [1986] ICR 192
- Mirab v Mentor Graphics Ltd EAT 0172/17
- Quadrant Catering Ltd v Smith EAT 0362/2010
- East of England Ambulance Service NHS Trust v Sanders EAT 0319/15
- Tesco Stores Ltd v S EATS 00040/19
- ACAS Code
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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