Tribunal Members Mr I Ashraf Mr R Taggart A v Rolls-Royce plc — 2020

The claimant was summarily dismissed after a workplace altercation with Gary Stewart on 18 December 2019. The Tribunal found that there had been raised voices, inappropriate language, and physical contact, and that the respondent's disciplinary manager was entitled to reject the claimant's account that his conduct was sufficiently explained as self-defence.

On unfair dismissal, the Tribunal found that the reason for dismissal was conduct and that this was a potentially fair reason. It held that the respondent carried out a reasonable investigation, gave the claimant an opportunity to respond, and that the disciplinary and appeal managers had reasonable grounds for their conclusions. The dismissal for gross misconduct was found to be within the band of reasonable responses.

On disability discrimination, the respondent conceded that the claimant was disabled by reason of PTSD. The Tribunal was not persuaded that the claimant was treated less favourably because of disability, or unfavourably because of something arising from disability. It found that the disciplinary process was concerned with the altercation, that both employees involved were dismissed for physical and verbal assault, and that the evidence did not show that PTSD influenced the dismissal or appeal outcome.