Mr Peter Zabala v Royal Mail Group Limited — 2025

The claimant had been employed by Royal Mail since 2002 and was summarily dismissed on 12 April 2024 following an incident on 19 February 2024. The respondent relied on three conduct issues: failing to follow a reasonable instruction, abusive or aggressive behaviour in the workplace, and assaulting a manager by pushing him in the stomach. The claimant admitted the first two matters in substance but denied the assault and challenged the investigation and sanction.

The tribunal found that the respondent had a genuine belief, based on reasonable grounds, that all three allegations were true. It accepted that the initial decision-making process had several problems, including lack of separation between investigation and decision-making, apparent bias, difficulty around CCTV enquiries, and a piecemeal process. The tribunal stated that if that had been the only stage, it would have found the dismissal unfair.

The tribunal found that the appeal cured those defects. Mr Potter, who had no previous involvement, approached the matter afresh, conducted further interviews, considered points raised for the claimant, and gave reasons for upholding dismissal. The tribunal concluded that dismissal for the assault finding was within the range of reasonable responses, taking account of the claimant's long service and previous good record, and dismissed the unfair dismissal claim.