Claimant v Gatwick Airport Limited
Outcome
Individual claims
The tribunal found the dismissal was fair. The respondent had a genuine belief in the claimant's misconduct (inappropriate sexual comments to a female colleague) based on reasonable grounds following a reasonable investigation. The dismissal fell within the range of reasonable responses, particularly given the claimant had a live final written warning for similar conduct and held a management position.
Facts
The claimant was a Security Team Manager at Gatwick Airport. In July 2023 he received a final written warning for making inappropriate sexual comments to a female colleague. In October 2023, he was alleged to have made further inappropriate comments of a sexual nature to another female colleague, Maisie Scotting, about how she looked in black uniform and that all men at Gatwick would be annoyed with him for ordering different trousers for her. Following investigation and disciplinary process, the claimant was summarily dismissed for gross misconduct. His appeal was unsuccessful.
Decision
The tribunal found the dismissal was fair. The respondent had a genuine belief based on reasonable grounds following a reasonable investigation that the claimant had committed misconduct. The tribunal was satisfied the investigation was reasonable, preferring Ms Scotting's evidence to the claimant's. Dismissal fell within the range of reasonable responses given the live final written warning for similar conduct, the claimant's management position, and the serious nature of the misconduct found.
Practical note
A tribunal will not interfere with an employer's decision to dismiss for misconduct where there is a reasonable investigation, genuine belief on reasonable grounds, and dismissal falls within the range of reasonable responses—particularly where there is a live final written warning for similar conduct.
Legal authorities cited
Statutes
Case details
- Case number
- 2303937/2024
- Decision date
- 17 April 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Security Team Manager
- Service
- 5 years
Claimant representation
- Represented
- No