Claimant v Aviva Employment Servies Ltd

The tribunal heard full merits evidence over five days and determined that the dismissal was fair. The employer followed a proper process and had sufficient grounds to dismiss the claimant.

The tribunal found that the respondent was entitled to dismiss the claimant without notice. The claimant's conduct constituted a repudiatory breach of contract justifying summary dismissal.

The tribunal concluded that the claimant was not treated less favourably because of his philosophical or religious belief. The treatment complained of was not connected to the protected characteristic.

The tribunal found that the respondent did not apply a provision, criterion or practice that put the claimant at a particular disadvantage because of his belief, or if it did, it was a proportionate means of achieving a legitimate aim.

The tribunal determined that the conduct complained of did not amount to harassment related to the claimant's belief. The conduct did not have the purpose or effect of violating the claimant's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.