In person For the v Ms Nicolaou (solicitor) — 2021

The tribunal held that the only live complaint was unfair dismissal. Mr Akins had been employed by Metroline since 1989 and was dismissed on 1 February 2019 after a grievance and disciplinary process arising from his complaints about Mr C and the events at the mediation meeting of 18 April 2018. The tribunal found that the respondent’s reason for dismissal was an irretrievable breakdown in the employment relationship, i.e. some other substantial reason.

The tribunal accepted the respondent’s evidence that the claimant’s conduct at the mediation meeting, the content of the second grievance, and his subsequent refusal to return to work unless the final written warning was rescinded and he was returned to Willesden had caused the relationship to break down. It found that the respondent had not acted on a conspiracy against him and that there was a sufficient basis for the view that the grievance against Mr C was unfounded and that the claimant had behaved in an aggressive or intimidating way at the meeting, even though one witness gave a different account on that point.

On fairness, the tribunal found that Metroline had done all that was reasonably practicable to try to resolve matters before dismissal: there had been grievance hearings, an appeal, disciplinary hearings, mediation attempts, an external mediation, occupational health involvement, and offers of transfer to other garages. The tribunal applied the statutory test under section 98 ERA 1996 and the band of reasonable responses approach, and relied on the authorities it cited, including Gallacher v Abellio ScotRail Ltd, Ezsias v North Glamorgan NHS Trust, Seers v Metroline Travel Ltd, and Iceland Frozen Foods Ltd v Jones.

The claim for unfair dismissal was therefore dismissed. No monetary award was made.