Mr P Blythe v Network Rail Infrastructure Limited — 2021

The claimant was dismissed for alleged gross misconduct after the respondent concluded that he had directed the word "monkey" at a colleague during a shift on 10 August 2019. The tribunal found that the dismissing manager genuinely believed the alleged misconduct had occurred and that this was the reason for dismissal. It found the investigation and procedure, viewed as a whole and including the appeal, were within the range of reasonable responses, despite some procedural imperfections such as not providing the original complaint email and an initial witness email.

For unfair dismissal, the tribunal found the respondent had reasonable grounds for its belief based on the accounts before it, and that dismissal was within the band of reasonable responses for the misconduct the dismissing manager found had occurred. The appeal was described as restricted and limited, but this did not render the dismissal unfair.

For the breach of contract claim, the tribunal applied a different question: whether the alleged misconduct actually occurred on the balance of probabilities. Having heard the claimant's evidence and noting discrepancies in the written accounts, the tribunal preferred the claimant's evidence and found he did not direct the alleged comment to the colleague. It therefore found the claimant had not fundamentally breached his contract and that the respondent breached the contract by dismissing without notice.