Mr G Kane v Network Rail Infrastructure Limited — 2021

The claimant, a signaller, was summarily dismissed after an incident on 4 April 2020 involving members of the public near the signal box and after the respondent concluded that he had not cooperated with the disciplinary process. The tribunal found that the claimant had shouted at members of the public, taken photographs and video, repeatedly asked one member of the public to leave, and had not shown remorse during the respondent's process.

The respondent conceded that the claimant was disabled by autistic spectrum condition, but the tribunal found that the respondent did not know and could not reasonably have been expected to know that he was disabled at the relevant time. The tribunal also found that the claimant was disciplined for the manner in which he dealt with members of the public and for failing to cooperate in the disciplinary process, not because of a literal application of an instruction arising from disability. The disability harassment allegations were dismissed because the alleged conduct either was not related to disability, did not have the required purpose or effect, or was not established on the facts.

For unfair dismissal, the tribunal found that conduct was the reason for dismissal and that the respondent had a genuine belief, based on reasonable grounds after a reasonable investigation, that the claimant had committed misconduct. It held that the procedure and dismissal were within the range of reasonable responses. The wrongful dismissal claim was dismissed because the tribunal found that the claimant's actions amounted to gross misconduct justifying dismissal without notice.

The tribunal accepted that the claimant's email to Mr Robinson and call with Mr Mahy on 4 April 2020 were protected disclosures about perceived legal obligation and health and safety issues. However, it found that the pleaded detriments were not established and that, if any detriment had been established, there was no causal link to the protected disclosures. All claims were dismissed and the remedy hearing was vacated.