Claimant v Air Products PLC

The tribunal found the respondent genuinely believed the claimant was guilty of misconduct involving serious health and safety breaches (failure to report a liquid oxygen leak and failure to conduct post-vehicle safety checks). The investigation was reasonable despite some delay, the dismissal was within the range of reasonable responses given the hazardous nature of transporting liquid oxygen, and the claimant's uncooperative behaviour during the process justified the employer's loss of trust and confidence.

The tribunal was satisfied on the balance of probabilities that the claimant did commit gross misconduct by knowingly breaching health and safety procedures in two separate incidents. His lack of cooperation and candour during the disciplinary process contributed to a breakdown in trust and confidence, entitling the employer to dismiss without notice.

The claim was brought under Section 15 (discrimination arising from disability) rather than failure to make reasonable adjustments. The tribunal found no evidence linking the claimant's PTSD to his failure to have perfect recall or varying accounts. The claimant's own evidence stated his PTSD did not affect the case. The reason for dismissal was his misconduct and approach during the disciplinary process, not anything arising from his disability.