Claimant v Rail Gourmet UK Limited

The tribunal found the reason for dismissal was conduct, which is a potentially fair reason. The respondent genuinely believed there was misconduct (misuse of PALS discount ticket system, 150 booking attempts, changing passwords, using former employees' accounts). The investigation was thorough and reasonable. Although there were minor procedural issues, the dismissal fell within the band of reasonable responses. The claimant was aware of the case against him and denied matters that had clearly occurred.

The tribunal extended time on just and equitable grounds to consider Ms Cranley's final written warning on 25 May 2022. However, the claimant failed to show less favourable treatment because of race. The Asian colleagues used as comparators were in materially different circumstances (they merely allowed use of their accounts, did not themselves abuse the system). The claimant provided no evidence that race played any part in the treatment. For the dismissal allegation, there was nothing to tie the treatment to the claimant's race.

The claim for holiday pay relating to 2019 and 2020 was substantially out of time (by approximately 18 months) with no evidence it was not reasonably practicable to bring the claim in time. The tribunal had no jurisdiction to hear it. Additionally, the claimant failed to provide comprehensible calculations or evidence of any sums owing.

Regarding salary arrears between 25 May and 27 September 2022, the claimant failed to discharge the burden of proof. The claimant's calculations were incomprehensible and inconsistent with previous submissions. The respondent explained that statutory sick pay during June-July 2022 suspension was the contractual position. The claimant could not show any further sums were due.