EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4112057/2021 & 4112399/2021 Held in Glasgow on 13, 14, and June 2022 Employment Judge - A Strain Members – I Ashraf and S Singh Mr Martin Doyle v DHL Services Limited — 2022

The claimant, who is of the Catholic faith, was employed by the respondent as a warehouse operative working 16 hours per week at Glasgow Central Station. He also worked additional hours through an agency on the Caledonian Sleeper contract. Network Rail revoked his access to Glasgow Central Station after parking permit issues and a recorded call with a Network Rail employee, and the respondent later dismissed him after considering and offering redeployment.

The tribunal found that the reason for dismissal was some other substantial reason, namely third-party pressure arising from Network Rail's removal of access. It found the respondent had tried to persuade Network Rail to change its position, offered alternative work at East Kilbride, and had no other work available after the claimant rejected that offer. The unfair dismissal claim was dismissed.

The tribunal dismissed the religious discrimination and harassment claims. It found the agency arrangement for the Caledonian Sleeper contract was adopted for business reasons, that religion played no part in the decision to dismiss, and that the alleged March-April 2020 incidents had not occurred. It also dismissed the unlawful deductions claim because the disputed additional hours were agency hours and the claimant had been paid for all hours worked with the respondent.