Mr T Oliver v British Airways plc — 2020

The claimant was dismissed with immediate effect after a disciplinary process concerning two allegations of unwanted physical contact with colleagues. The tribunal recorded that the claimant accepted misconduct was the reason for dismissal, and the issue was whether dismissal was fair under section 98(4) of the Employment Rights Act 1996.

The tribunal found that the respondent had a genuine belief, on reasonable grounds, that the events occurred, and that no further investigation was required in the circumstances. It considered dismissal to be within the range of reasonable responses, particularly in light of the first allegation.

The main issue was that the sanction was increased on appeal from demotion and a final written warning to dismissal. The tribunal found that the respondent's contractual disciplinary procedure permitted an increased sanction on appeal, and although clearer correspondence would have been preferable, the claimant had access to the procedure, was represented by his trade union, and had a further right of appeal. The tribunal concluded that the dismissal was not unfair.