Claimant v The Stamford Stone Company Limited

Outcome

Facts

The claimant, a Sawyer with 24 years unblemished service, was summarily dismissed for gross misconduct on 29 September 2023. A colleague complained that the claimant had made threatening and violent remarks including that a female health and safety consultant needed punching in the head and raping, and that he would kill another colleague with a hammer. The claimant denied all allegations, claiming colleagues were conspiring against him because they believed he was gay. Five out of seven employees at the small quarry corroborated the allegations. The claimant was suspended, investigated, subject to disciplinary hearing, and dismissed. His appeal was rejected after a thorough review including further interviews.

Decision

The tribunal found the dismissal fair. The respondent held a genuine belief on reasonable grounds following reasonable investigation that the claimant made the egregious remarks alleged. Despite 24 years unblemished service, the remarks were so serious that dismissal fell within the band of reasonable responses. Any procedural defect in not providing all witness statements before the disciplinary hearing was cured by the thorough appeal process, and would have made no difference to outcome.

Practical note

Legal authorities cited