Case 4100887/2020 · Employment Tribunal
ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4100887/2020 Hearing at Edinburgh on and October 2020 Employment Judge: M A Macleod Tribunal Member: T McAlindin Tribunal Member: C Russell Mr Ioan-Mihal Stoinescu
The claimant was dismissed after an incident on 8 November 2019 involving another associate, Callum Sarjantson. The respondent concluded that the claimant had used abusive and threatening language. The tribunal found that the respondent's reason for dismissal was conduct and that the respondent had a genuine belief, based on reasonable grounds, that the claimant had committed gross misconduct.
The tribunal accepted that the respondent carried out a reasonable investigation and followed a fair procedure. It found that the claimant had been given the evidence, understood the allegation, had the opportunity to respond, and was accompanied. It rejected criticisms concerning unavailable CCTV, witnesses who did not provide statements, and an anonymous statement which the decision-maker said was not causative of the dismissal decision.
On sanction, the tribunal held that dismissal fell within the band of reasonable responses. It considered the claimant's comparison with Mr Hanley, who had received a final written warning, but found the cases were not truly parallel because of differences including provocation, remorse, previous warnings, and the nature of the findings.
The race discrimination claim was also dismissed. The tribunal found that the claimant had not shown that he was treated less favourably than Mr Hanley because of race, and that the respondent considered the case on the facts before it without regard to the claimant's race.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the reason for dismissal was conduct, that the respondent had a genuine belief on reasonable grounds after a reasonable investigation, followed a fair procedure, and that dismissal was within the band of reasonable responses. | Dismissed | — | — |
| Race discrimination | The claimant alleged race discrimination, including comparison with another employee and assertions about treatment of Romanian staff. The tribunal found no less favourable treatment on grounds of race and no evidence permitting a finding of race discrimination. | Dismissed | Race | — |
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