Claimant v Network Rail Infrastructure Limited

The tribunal found no facts from which the burden of proof could shift to the respondent. The claimant, a Black British Caribbean man, alleged his dismissal was due to race. The tribunal found the dismissal was due to his failure to complete a security check, failure to check behind a post-box as trained, falsification of records by confirming completion, and lack of remorse. The tribunal found no evidence of conscious or subconscious racial bias by the dismissing officer Ms Duncan, and that her decision was based solely on the seriousness of the security breach and the claimant's culpability.

The claimant, aged 55 at the time of dismissal, alleged he was treated less favourably than younger colleagues. The tribunal found no evidence that age played any part in the decision to dismiss. The dismissal was based on the seriousness of the security failure, falsification of records, and the claimant's conduct during the disciplinary process. There was no suggestion that age was a factor in the decision-making process.

The claimant sought backpay under a union-negotiated pay settlement. The tribunal found the payment was an ex-gratia settlement payment, not a contractual entitlement. The agreement expressly excluded 'bad leavers' including those dismissed. The claimant was dismissed for cause and therefore expressly excluded by the agreement. He never obtained a contractual right to the payment.

The claimant's breach of contract claim related to the same backpay issue. The tribunal found the claimant had no contractual right to the payment as it was an ex-gratia compromise payment under a union agreement that expressly excluded dismissed employees. The claimant was dismissed for cause and therefore had no contractual entitlement.