Mr George Nobbs v Represented by: Mr P Deans - Solicitor Network Rail Infrastructure Ltd — 2020

Mr George Nobbs was employed by Network Rail as an Operations Delivery Supervisor from 8 September 2001 until 19 December 2018 and was acting as PICOP on 24 July 2018. The tribunal found that he changed the possession protection arrangements after speaking to engineering supervisors and deciding that flank protection on the Canal line was not required, but he did not obtain authorisation from Operations Control for that change. The signaller continued to provide protection, and the tribunal accepted that the risk of injury was low, but not negligible.

The respondent investigated the matter through a preliminary investigation, a Fair Culture Panel, a disciplinary hearing and an appeal. The Fair Culture Panel concluded that the claimant's conduct was a reckless contravention. The disciplinary manager treated the matter as gross misconduct and dismissed him without notice on 20 December 2018. The appeal manager upheld the dismissal on 29 January 2019. The claimant relied on his 17 years' service, clean disciplinary record, apology, and his explanation that he acted to save time and benefit the worksites.

The tribunal accepted that the reason for dismissal was misconduct and that the respondent had a genuine belief based on reasonable grounds after a reasonable investigation. Applying section 98(4) ERA 1996 and the range of reasonable responses test, it held that the respondent acted reasonably in treating the conduct as sufficient reason to dismiss. The tribunal found that the disciplinary and appeal process complied with the material requirements of the respondent's procedure and the ACAS Code, that the appeal manager's short hearing and refusal to adjourn were not unfair in the circumstances, and that the outcome was not rendered inconsistent by the different treatment of the chord line issue.