Cases2303937/2024

Claimant v Gatwick Airport Limited

17 April 2025Before Employment Judge LeithCroydonremote video

Outcome

Claimant fails

Individual claims

Unfair Dismissalfailed

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

London Ambulance Service NHS Trust v Small [2009] IRLR 563Sainsbury's Supermarkets Ltd v Hitt [2003] ICR 111Iceland Frozen Foods v Jones [1983] ICR 17Foley v Post Office [2000] ICR 1283BHS v Burchell [1978] IRLR 379Davies v Sandwell MBC [2013] EWCA Civ 135

Statutes

ERA 1996 s.98ERA 1996 s.95ERA 1996 s.98(4)ERA 1996 s.111ERA 1996 s.94ERA 1996 s.98(2)

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