In person For the v Respondent — 2024

Ms Hamilton was employed by Abellio East Anglia Limited t/a Greater Anglia from 6 March 2002 until her dismissal on 2 May 2024 for gross misconduct. The tribunal found that on 26 March 2024 she left work about 25 minutes early without authorisation, failed to complete her duties to the required standard, and was seen drinking from a bottle of wine on the train home while still in company uniform. She admitted in the investigation and disciplinary process that she had left early and had drunk alcohol on the train while wearing her Greater Anglia uniform.

The respondent carried out an investigation that included an interview with the conductor who reported the matter, review of CCTV, and further interviews with Ms Hamilton. At the disciplinary hearing, Mr Wyatt considered her explanations about stress, threatening phone calls, mental health, a recent move, and debt, but concluded that the misconduct was very serious and that she had shown no remorse. He upheld the charge and dismissed her summarily, despite her long service.

The tribunal held that the respondent genuinely believed Ms Hamilton was guilty of misconduct, had reasonable grounds for that belief, and conducted a thorough and fair disciplinary process. It found that the central question was whether dismissal was within the range of reasonable responses, and decided that it was. The tribunal therefore dismissed the unfair dismissal claim. It also recorded that references in Ms Hamilton's statement to bullying and sexual harassment dating from 2002 were not part of the claim before the tribunal.