In person / assisted by Ms. K. Grand (the claimant’s former partner) For the v Respondent — 2025

The claimant was dismissed after an incident on 14 June 2023 in which the respondent found that he took a member of the public's phone and threw it away. The tribunal found, on the balance of probabilities, that the claimant did grab and throw away the phone, and that this was gross misconduct. The breach of contract claim for notice pay was therefore dismissed.

The unfair dismissal complaint succeeded on procedural grounds. The tribunal found multiple procedural failures, including aspects of the disciplinary and appeal process, and concluded that the procedure was outside the band of reasonable responses. It also stated that dismissal itself was within the range of reasonable responses for the misconduct found.

The respondent conceded that the claimant had PTSD and was disabled within the meaning of the Equality Act 2010. The section 15 disability discrimination claim was dismissed. The reasonable adjustments claim was also dismissed because, although the tribunal considered that conflict management training and guidance would have been a reasonable adjustment, the complaint was presented considerably out of time and there was no adequate basis to extend time.