Claimant v Royal Mail Group Limited
Outcome
Individual claims
The tribunal found the dismissal was for conduct (a rollaway incident where the claimant failed to follow the HIT procedure), a potentially fair reason. The investigation was reasonable, the procedure fair, and dismissal was within the range of reasonable responses given the claimant deliberately left the engine running, preventing the van from being left in gear, and failed to fully accept responsibility.
The claimant did not prove facts from which the tribunal could conclude dismissal was because of his Pakistani Asian race. Ms McClelland dismissed a white comparator (Mr Goodwin) in similar circumstances and did not dismiss an Asian employee (Mr Anwar). The reason for dismissal was the claimant's conduct, not his race.
The tribunal found that Ms McClelland's suggestion that the claimant resign to avoid losing his pension (based on incorrect information) was not related to his race. It was motivated by her mistaken belief about pension consequences, not his protected characteristic. The conduct did not meet the threshold of creating an intimidating, hostile, degrading, humiliating or offensive environment.
Facts
The claimant, a postal worker with 26 years' service, was dismissed for gross misconduct after his delivery van rolled away on 11 October 2023 and damaged another vehicle. He had failed to follow the 'HIT' safety procedure (Handbrake, In-gear, Turn to kerb). An activity report showed he had deliberately left the engine running, making it impossible to leave the van in gear. He had received distressing news about a friend's death shortly before the incident. He appealed but the dismissal was upheld. The claimant brought claims of unfair dismissal and race discrimination.
Decision
The tribunal dismissed all claims. The dismissal was fair: the investigation was reasonable, the procedure was fair (including a full appeal rehearing), and dismissal was within the range of reasonable responses given the serious safety breach, the deliberate decision to leave the engine running, and the claimant's failure to fully accept responsibility. The race discrimination claims failed as there was no evidence the dismissal or Ms McClelland's conduct was related to the claimant's Pakistani Asian race.
Practical note
Even with long unblemished service, dismissal for serious safety breaches (like vehicle rollaways) can be fair where the employee knew the procedures, deliberately departed from them, and did not fully accept responsibility, particularly where dismissal is the employer's normal response to such incidents.
Legal authorities cited
Statutes
Case details
- Case number
- 3301461/2024
- Decision date
- 14 February 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- logistics
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- OPG (Operational Postal Grade)
- Service
- 26 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep