Member Mr I Macfarlane Tribunal Member Mr P O’Donnell Mr C Richardson v Royal Mail Group Limited — 2019

The claimant was dismissed after making threats about colleagues, including references to obtaining a gun and taking justice into his own hands, and after a bullying and harassment complaint was found not to have been made in good faith. The Tribunal accepted that the claimant had mental health difficulties at the material time and that the respondent was aware of those issues through occupational health reports and the disciplinary process.

On unfair dismissal, the Tribunal found that the respondent dismissed for conduct, a potentially fair reason. It accepted that the respondent had a genuine belief, based on reasonable grounds, that the claimant had committed misconduct. Although the Tribunal had misgivings about the respondent's conclusion that the bullying and harassment complaint had been made in bad faith, it found that the dismissal was for the threats, which the claimant admitted. It held that the investigation and procedure fell within the range of reasonable responses and that dismissal was within that range given the seriousness of the threats, the respondent's assessment of risk, and the mitigation considered.

On disability discrimination, the Tribunal considered section 15 Equality Act 2010 separately from unfair dismissal. It found that the dismissal was unfavourable treatment because of something arising in consequence of the claimant's disability. However, it accepted the respondent's legitimate aims of ensuring staff health and safety, dealing appropriately with gross misconduct, and protecting the organisation's reputation. The Tribunal concluded that dismissal was proportionate in the particular circumstances, including the seriousness of the threats and evidence that the claimant continued to harbour resentment towards colleagues.