Claimant v Openreach Ltd — 2019

The claimant was dismissed summarily after disciplinary proceedings concerning three allegations: aggressive and intimidating conduct at a meeting with his manager, possession of a bladed multi-tool in his company vehicle and admitted previous carrying of a pen knife at work, and an anonymous report that he had removed a knife from his bag at work. The tribunal found that the respondent had established conduct as the reason for dismissal and rejected the claimant's contention that the stated matters were being used to hide another reason.

The tribunal found that the dismissing manager held a genuine belief that the claimant had committed gross misconduct, that the belief was reasonably held, and that it followed a reasonable investigation. It accepted that there were difficulties with the anonymous evidence, but considered that it was supported by other evidence, including the multi-tool found in the van and the claimant's own admission that he had carried a pen knife on earlier occasions for protection.

The tribunal held that the disciplinary procedure and appeal were within the range of reasonable responses and that the ACAS Code had been followed. Taking the allegations together, especially the matters involving bladed items and the risk identified by the respondent, the tribunal concluded that summary dismissal was open to a reasonable employer and dismissed the claim.