A Kemp Members: Mr K Culloch Mr J R Terry Mr A Bowie v Alltec Construction Ltd — 2019

Mr Allan Bowie was employed by Alltec Construction Ltd as a joiner from 29 August 2014 and was dismissed summarily on 22 May 2018 after an incident at the Bosch site on 4 May 2018. The tribunal found that Mr Graham Wallace and Mr Graeme Mackintosh reasonably believed the claimant had been aggressive toward Mr Greg Robins, had called him a liar and a bully, and had refused a reasonable instruction to attend the head office. Applying section 98 of the Employment Rights Act 1996 and the Burchell approach, it held that the reason for dismissal was conduct and that dismissal fell within the band of reasonable responses.

On procedure, the tribunal accepted that the investigation and disciplinary process were generally reasonable, although the minutes could have been fuller and signed. It considered two points in detail: the second disciplinary invitation was sent by email on 17 May 2018, which the claimant saw on 20 May 2018 but did not attend or contact the respondent to explain; and the claimant's email of 6 May 2018 about pressure at work and age-related comments was in substance a grievance, but the respondent did not investigate it separately. The tribunal held that these matters did not make the dismissal unfair in the statutory sense, particularly because the claimant did not give a full account of the incident when given opportunities on 7, 16 and 21 May and at the appeal on 4 June 2018.

On age discrimination, the tribunal found no sufficient prima facie case of direct discrimination under section 13 of the Equality Act 2010 and no harassment under section 26. It preferred the respondents' evidence that the 7 February 2018 meeting contained no age reference, rejected the claimant's allegation of an age-related remark on 4 May 2018, and found no adequate evidence that the dismissal decision-makers were influenced by age. Because all claims failed, the tribunal recorded that remedy was not applicable.