Mr A Gavli Mr M Ali v LHR Airports Limited — 2020

The claimants were passenger service operatives dismissed for alleged gross misconduct described by the respondent as bullying, harassment and intimidation towards new starters. The tribunal found that the respondent genuinely believed the claimants were guilty of misconduct, but the allegations were not made sufficiently specific during the investigation or disciplinary process.

The tribunal found that the claimants were initially given only a general allegation and were not told the substance of the case against them during the investigatory stage. Although they later received the investigation pack, they were still not told which parts of the witness material were said to amount to bullying, harassment or intimidation. This lack of clarity affected the respondent's ability to investigate whether the relevant conduct actually amounted to misconduct.

The tribunal concluded that the dismissing manager did not have reasonable grounds for the misconduct finding and that the respondent had not carried out as much investigation as was reasonable in the circumstances. The appeal process did not cure those defects. Dismissal was not within the range of reasonable responses, and no Polkey or contributory fault deduction was made. Mr Gavli's request for reinstatement or re-engagement was refused as impracticable, so both claimants received compensation only.