Mr E Preira v Royal Mail Group Limited — 2021

The claimant, an LGV driver and trade union official, was summarily dismissed after a drink driving conviction. The tribunal found that he had been involved in trade union activity and that the respondent knew he was a trade union official, but accepted the evidence of the dismissing officer and appeal chair that his trade union activities did not influence the dismissal. It found the reason for dismissal was conduct, namely the drink driving conviction.

On the ordinary unfair dismissal claim, the tribunal considered the claimant's arguments about inconsistent treatment and alternative non-driving roles. It found insufficient evidence of disparity of treatment. It also found that although there was evidence of possible vacancies, both the dismissing officer and appeal majority had concluded that dismissal would have remained the outcome even if alternative work had been available.

The tribunal found that the respondent had considered mitigation, including the claimant's length of service, previous good conduct and contrition, and had also considered lesser sanctions. It concluded that dismissal fell within the band of reasonable responses and that the unfair dismissal complaint failed.