Claimant v Scania (Great Britain) Ltd

The tribunal found the employer held a genuine belief in misconduct on reasonable grounds following a reasonable investigation. The dismissal for gross misconduct (threatening messages to colleagues) fell within the range of reasonable responses. The claimant's ADHD was considered but did not excuse multiple threatening messages sent over 10-15 minutes to more than one colleague, particularly given a prior final written warning for similar conduct.

The tribunal was satisfied the claimant's conduct amounted to gross misconduct under the disciplinary policy (threatening colleagues and their property), entitling the respondent to dismiss without notice.

The claimant failed to prove facts from which the tribunal could conclude the conduct complained of (lunchbox tampering, investigation, dismissal) was because of his ADHD. The ADHD was treated as a possible mitigating factor, meaning someone without ADHD behaving the same way would also have been dismissed. No less favourable treatment established.

The tribunal accepted the threatening messages arose in consequence of the claimant's ADHD (impulsivity), but found the dismissal was a proportionate means of achieving the legitimate aim of protecting staff. The claimant bore some responsibility despite his ADHD; he sent multiple messages over time to more than one person; he had a prior final written warning; and the respondent had a duty to protect employees from threats.

The claimant failed to establish the alleged PCP (zero tolerance policy leading to automatic dismissal) existed. The respondent had previously given the claimant a final written warning rather than dismissing him, and the dismissing manager considered the appropriate sanction rather than applying a blanket policy.

The claimant did not prove facts from which the tribunal could conclude the lunchbox tampering, video recording, or investigation were unwanted conduct related to his disability. There was no evidence the pranks targeted his ADHD; they were part of a general workplace culture of banter.