Mr B Dumbrill v Hexcel Composites Ltd — 2021

Mr B Dumbrill was employed by Hexcel Composites Limited from 1 April 2016 until his dismissal on 20 February 2019. The dismissal arose from an incident on 14 November 2018 during a night shift at the Duxford site, when Kevin Angus alleged that the claimant had used racially abusive language. The claimant denied that allegation and said he had used the word "Winger". An investigation was carried out by Mr James Williams, a disciplinary hearing was chaired by Mr Steve Mortimer, and an appeal was heard by Mr Mark Blance.

The tribunal held that the reason for dismissal was conduct and that there was no other sensible explanation on the evidence. It applied the Burchell test and s.98(4) ERA 1996, and also referred to the Acas Code of Practice. It found that the investigation was adequate, that the claimant had been informed of the allegations and of the possibility of summary dismissal, that he had been given the right to be accompanied, and that the absence of earlier disclosure of some further interview material did not affect the outcome and was considered on appeal.

The tribunal concluded that any minor procedural defects were cured on appeal and that the process overall was fair. It found that Mr Mortimer and Mr Blance both took conscientious and thorough approaches, and that summary dismissal fell within the range of reasonable responses in the circumstances. The claim for unfair dismissal therefore failed.