Mr R Rafferty v Represented by: Mr A Donnachie - Trade Union Representative Royal Mail Group Limited — 2019

The claimant, Mr R Rafferty, was dismissed by Royal Mail Group Ltd after an incident on 5 July 2018 in which he was found under the influence of alcohol at work and admitted drinking at home and on shift. The tribunal found that, at the time of dismissal, he was subject to two live conduct penalties, both alcohol-related, and that the respondent relied on repeated breaches of its Business Standards and Conduct Policy.

The tribunal held that the respondent had a genuine and reasonable belief in misconduct and had carried out a reasonable investigation and disciplinary process under section 98 of the Employment Rights Act 1996 and the Burchell test. It accepted that the claimant attended fact-finding, conduct and appeal hearings with trade union representation, was given the relevant documentation, and was able to advance mitigation including long service, counselling, and alcohol treatment.

The tribunal considered the delay in forwarding the appeal paperwork and the fact that the dismissal decision was not delivered face-to-face, but found that neither point rendered the dismissal unfair. Applying the band of reasonable responses, it concluded that dismissal with notice was within the range of reasonable responses open to the employer. The unfair dismissal claim was therefore dismissed.