In person For the v Mr J Gilbert (consultant) — 2020

The claimant, a Group Sales Manager employed from 15 November 2005 until 16 September 2019, brought a complaint of unfair dismissal only. The respondent said he was fairly dismissed for gross misconduct after complaints of sexual harassment, inappropriate touching, bullying, and sexual comments. Employment Judge Hawksworth, sitting alone, heard evidence from the respondent's witnesses, the claimant, and considered CCTV, text messages, and witness statements.

The tribunal applied section 98(2)(b) and section 98(4) of the Employment Rights Act 1996 and the guidance in British Home Stores v Burchell. It found that Mr Streatfield had a genuine belief that the claimant had engaged in misconduct, that there were reasonable grounds for that belief, and that a reasonable investigation had been carried out. The judge relied on the written complaint, supporting text messages, CCTV footage, the claimant's admissions to adult banter and touching, and the fact that the appeal stage also investigated the supporting customer evidence.

The tribunal also held that dismissal was within the range of reasonable responses. It found that the claimant had been told the allegations, was given opportunities to respond, was accompanied at the disciplinary hearing, and was offered an appeal. The decision not to pursue the second complaint within the disciplinary hearing did not make the process unfair, the claimant's GP letter did not require postponement, and the respondent's procedure complied with the Acas Code. The unfair dismissal complaint was therefore dismissed.