Claimant v Govia Thameslink Railway Limited
Outcome
Individual claims
The tribunal heard evidence over two days and found that the dismissal was fair under the Employment Rights Act 1996. The respondent successfully established a fair reason for dismissal and followed a fair procedure.
The claimant withdrew the claim under s.44 Employment Rights Act 1996 (health and safety detriment) during the proceedings and it was dismissed on withdrawal.
The claimant withdrew the claim under s.100 Employment Rights Act 1996 (health and safety dismissal) during the proceedings and it was dismissed on withdrawal.
Facts
Mr Johnson was dismissed by Govia Thameslink Railway Ltd and brought claims for unfair dismissal and automatic unfair dismissal based on health and safety grounds under sections 44 and 100 of the Employment Rights Act 1996. The hearing took place over two days via video link with the claimant represented by his RMT trade union representative and the respondent by counsel.
Decision
The tribunal found that the dismissal was fair and dismissed the unfair dismissal claim. The claimant withdrew his automatic unfair dismissal claims under sections 44 and 100 ERA 1996 during the proceedings, and these were dismissed on withdrawal. Reasons were given orally at the hearing.
Practical note
Railway worker's unfair dismissal claim failed after a two-day hearing, with health and safety automatic unfair dismissal claims withdrawn during proceedings.
Legal authorities cited
Statutes
Case details
- Case number
- 2305086/2024
- Decision date
- 25 April 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- union