In Person v Respondent — 2020

The claimant, Mr C Turner, brought claims of unfair dismissal, race discrimination and age discrimination arising out of an altercation on 24 July 2018 with an agency worker, Mr Peck. The age discrimination claim was withdrawn at a preliminary hearing on 15 May 2019. The race discrimination claim was later clarified as concerning the fact that Mr Peck was not sent home after the incident, but the claimant told the tribunal it had never been a race discrimination case, and the tribunal accepted withdrawal of that claim. The tribunal therefore recorded that the race claim was dismissed on withdrawal.

On the unfair dismissal claim, the tribunal applied s.98 Employment Rights Act 1996 and the authorities it cited, including Burchell, Iceland Frozen Foods, Sainsbury's Supermarkets Ltd v Hitt, Taylor v OCS Group Ltd and Newbound v Thames Water Utilities Ltd. It found that there had been an altercation between the claimant and Mr Peck in the early hours of 24 July 2018. Mr Foxton restrained the claimant, took Mr Peck to the canteen, obtained HR advice, and then sent both men home. The tribunal refused to admit late additional documentary evidence and witness evidence because it would have caused unfair prejudice to the claimant and there were no exceptional circumstances justifying admission.

The tribunal found that Mr Dodd's investigation was reasonable, that the claimant had adequate notice of the disciplinary hearing and of his rights, and that Mr Griffiths honestly believed the claimant was the aggressor on reasonable grounds. It also found that the respondent's policy treated acts such as the claimant's as gross misconduct and that summary dismissal was not disproportionate. The appeal was handled properly by Mr Dillon. In light of those findings, the tribunal held that the unfair dismissal claim was not well founded and dismissed it. No monetary award was made.