In person For the v Mr. R Chaudhry- Solicitor — 2023

The claimant, Mr G Kingstone, had 35 years' service and worked as an OPG (Postman Grade) at the Home Counties North Mail Centre. The dismissal arose from an incident on 3 June 2021, when Mr Moat said he saw the claimant on CCTV leave from the Yard area towards the Gatehouse without a high-visibility jacket and step into the roadway next to a barrier marked as strictly no pedestrian access. The claimant initially denied the allegation to Mr Ali, then gave no substantive answer at the fact-finding meeting and later refused to attend the conduct meeting before Mr Bedi.

Mr Bedi dismissed the claimant for a serious health and safety breach and because the claimant had not engaged with the process in a way that enabled the respondent to be satisfied there was no risk of recurrence. On appeal, Mr Potter heard the claimant remotely. The claimant argued that other staff had used the route, raised complaints about harassment and victimisation, and relied on his long service. He later said he had used the route as a shortcut to the staff car park to get sandwiches from his car. Mr Potter rejected the appeal and upheld dismissal.

The tribunal found that the reason for dismissal was conduct, which was a potentially fair reason under s.98(2) Employment Rights Act 1996. Applying s.98(4) and the guidance in British Homes Stores v Burchell, it held that Mr Bedi genuinely believed the misconduct had occurred, that the belief was based on evidence, and that a reasonable investigation had been carried out. Although the tribunal noted concern that the CCTV had been viewed in real time by only one person and was no longer available by the hearing, it still found that dismissal fell within the range of reasonable responses. It accepted that inconsistency and length of service were considered, and concluded that the dismissal was fair. No remedy hearing was required and no award was made.