Claimant v Booker Limited

Outcome

Facts

The claimant, a driver/trainer with seven years' exemplary service, was dismissed for gross misconduct after using offensive language ('fucking mong') directed at a female colleague during an office discussion about weight loss on 26 July 2023. The incident occurred in a dysfunctional office environment characterised by widespread inappropriate banter, pranks, and poor enforcement of workplace standards by managers who were themselves complicit in the unprofessional culture. The claimant apologised when he first saw the colleague after her two-week absence, but the respondent viewed this as too late. The tribunal heard extensive evidence of a toxic workplace culture where dignity at work policies were not enforced, managers participated in inappropriate behaviour including name-calling, and training was ineffective.

Decision

The tribunal found the dismissal procedurally and substantively unfair. While the respondent had a potentially fair reason (the offensive language constituted misconduct), the investigation was inadequate with multiple material failings: failure to resolve factual disputes about the apology timeline, failure to re-interview key witnesses, inadequate consideration of the toxic workplace culture and lack of prior enforcement, insufficient weight given to seven years' exemplary service, and treating admitted procedural failings as external to the process. The tribunal concluded no reasonable employer would have dismissed in these circumstances given the context, and a written warning would have been within the band of reasonable responses.

Practical note

Legal authorities cited