Claimant v GXO Logistics UK Limited

The tribunal found the claimant was dismissed for using abusive language towards a colleague, not for raising a health and safety concern about a knife. The claimant raised the knife issue during the investigation after he had already been suspended. The tribunal did not consider the claimant believed he was in imminent danger when he made the abusive comment.

The tribunal was satisfied the claimant used the word 'faggot' towards a colleague, which amounted to gross misconduct under the respondent's policy. The claimant's contract stated he was not entitled to notice pay if dismissed for gross misconduct. The use of homophobic slurs was within the respondent's zero tolerance discrimination policy.

The tribunal found no less favourable treatment on grounds of age in any of the alleged acts: (1) the question about age difference arose because Sean Wooding raised it in evidence, not because of the claimant's age; (2) there was no evidence route allocation was based on age; (3) early leaving arrangements did not constitute less favourable treatment and no evidence the claimant was refused; (4) the dismissal was for abusive language, not related to age.

The tribunal found the claimant's question about the relevance of age during the disciplinary hearing was not a protected act, as there was no indication it was raised in connection with the Equality Act or any concern about age discrimination. Even if it were a protected act, the dismissal was because of the abusive language, not the question.

The tribunal accepted the respondent's evidence that the claimant was paid all sums owed to him. The payroll adjustments and balancing payments were made appropriately following his summary dismissal on 21 November 2023.