Mr A Drysdale v Represented by: Mr J Morgan, Barrister Instructed by: Mr B McLaughlin, Solicitor Royal Mail Group Limited — 2024

The claimant, Mr A Drysdale, had been employed by Royal Mail Group Limited as an operational postal grade from 16 June 2008 until 9 May 2024. The tribunal recorded that he had a clean disciplinary record and that his contractual terms entitled him to 12 weeks' notice after 12 years' continuous service. The dismissal followed events on 17 February 2024, when the claimant spoke to a customer about an earlier complaint, became involved in a physical altercation, and did not contact the police or his manager immediately. The respondent investigated through a fact-finding process, a formal conduct meeting, and an appeal, and dismissed him for gross misconduct.

On the unfair dismissal claim, the tribunal accepted that conduct was the reason for dismissal and considered whether the respondent had a genuine and reasonable belief in misconduct after a reasonable investigation, applying section 98 of the Employment Rights Act 1996 and the range of reasonable responses test. It found flaws in the investigation before dismissal, including the absence of further enquiry into some matters and the use of an unsigned and undated customer note, but held that the appeal was a fresh investigation conducted by an independent manager and that the overall process was not unfair. The tribunal therefore dismissed the unfair dismissal claim.

On the wrongful dismissal claim, the tribunal asked whether the claimant's conduct amounted to repudiatory breach of contract. It preferred the claimant's account of the 17 February incident, finding discrepancies in the customer and neighbour accounts and concluding that the claimant was more likely than not assaulted after asking about the earlier complaint, then acted in self-defence. It held that speaking to the customer contrary to instructions was not serious enough to justify summary dismissal, and that punching back in self-defence did not amount to repudiatory breach.

The tribunal accordingly upheld the wrongful dismissal claim and awarded damages of £4,734.36. That figure comprised 12 weeks' pay at £347.70 per week, totalling £4,172.40, plus 12 weeks' pension contributions at £46.83 per week, totalling £561.96. The tribunal noted that the claimant had not obtained alternative employment during the damages period.