Mr David Hannon v Mitie Limited — 2022

The claimant brought a complaint of unfair dismissal. He alleged that the real reason for dismissal was that he had raised grievances, while the respondent relied on conduct. The Tribunal found that the respondent had proved conduct as the reason for dismissal, arising from a complaint by a member of the public that the claimant had made a sexual remark while in uniform at Manchester Piccadilly station.

The Tribunal found that the respondent carried out a reasonable investigation, including obtaining witness evidence and attempting to secure CCTV evidence. It accepted that the dismissing and appeal managers reasonably believed the claimant had made the alleged remark, based on his location, identification by photograph, and their assessment of the complainant's account.

The Tribunal concluded that treating the matter as gross misconduct and dismissing the claimant fell within the range of reasonable responses. It found that mitigating factors were considered, that the earlier written warning was only tangentially relevant, and that the remote disciplinary meetings during the Covid pandemic did not make the process unfair. The unfair dismissal claim was dismissed.