Mr M Woodhouse v British Telecommunications plc — 2019

The claimant was summarily dismissed after an investigation into tracker records which showed repeated instances of his company vehicle being off route, including stops near his home, his mother’s home, his son’s nursery and BT exchanges. He had previously received a final written warning for unauthorised use of the company vehicle and carrying an unauthorised passenger. The tribunal found that the main facts were largely not disputed.

For unfair dismissal, the tribunal found that the respondent had a genuine belief in misconduct, reasonable grounds for that belief, and had carried out a reasonable investigation. It found that the dismissing officer’s decision was reasonable in the circumstances and that the appeal officer conducted a thorough rehearing, including seeking occupational health input about the claimant’s mental health. Dismissal was found to be within the band of reasonable responses.

For disability discrimination, the tribunal accepted, based on a later consultant psychiatrist letter, that the claimant was disabled by reason of PTSD and dissociative episodes. However, it found that the information available to the respondent during the disciplinary and appeal process did not amount to actual or constructive knowledge of disability. It also stated in the alternative that it would not have found the dismissal to be something arising in consequence of disability, because the claimant had given cogent explanations for the triggering incidents and the medical evidence before the respondent did not link the misconduct to PTSD or dissociation.