Mr Andrew Rush v JD Wetherspoon — 2021

The Tribunal found that the claimant was dismissed for conduct, a potentially fair reason under section 98(2)(b) of the Employment Rights Act 1996. The respondent relied on allegations concerning inappropriate racial and sexually graphic language about or to a work colleague, including comments made at work and in the presence of work colleagues outside work.

The Tribunal found that the respondent, through the disciplinary decision-maker, had a genuine belief in misconduct, reasonable grounds for that belief, and had carried out a reasonable investigation. It accepted that the respondent was entitled to investigate inappropriate language involving employees even where some comments were made outside work, because they involved colleagues and affected working relationships.

The Tribunal held that dismissal was within the band of reasonable responses. It found that the respondent was entitled to conclude that the claimant's mental health issues did not excuse the comments and words used, and that the delay in sending the disciplinary outcome letter was not acceptable but did not disadvantage the claimant because he was still able to appeal. The unfair dismissal claim was dismissed.