Cases→2501634/2022

Claimant v London North East Railway Limited

14 February 2024Before Employment Judge JeramNewcastlein person

Outcome

Claimant fails

Individual claims

Unfair Dismissalfailed

The tribunal found that the respondent had reasonable grounds to believe the claimant failed to follow the dispatch process and was involved in an altercation with a member of the public. The investigation was reasonable, the procedure was fair, and dismissal fell within the range of reasonable responses. The claimant's conduct amounted to gross misconduct given her safety-critical role.

Wrongful Dismissalfailed

The tribunal made its own findings of fact and concluded that the claimant's multiple breaches of the safe dispatch procedure and her conduct in pushing a passenger six times, when she knew to walk away and seek assistance, amounted to gross misconduct that fundamentally breached her contract of employment, entitling the respondent to dismiss summarily.

Facts

The claimant was a train manager with 21 years' service, dismissed for failing to follow the safe dispatch procedure at Middlesbrough station on 14 March 2022 and for being involved in an altercation with a passenger. CCTV footage showed she failed to properly acknowledge dispatch signals and pushed a passenger six times who was attempting to re-board the train after she had ejected him, before giving the ready-to-start signal while the passenger remained close to the train.

Decision

The tribunal dismissed both claims. The respondent had reasonable grounds to believe the claimant committed the alleged conduct, carried out a reasonable investigation, and acted within the range of reasonable responses in dismissing for gross misconduct. The tribunal made its own findings that the claimant's conduct, in a safety-critical role, amounted to gross misconduct justifying summary dismissal.

Practical note

In safety-critical railway roles, multiple serious departures from safe dispatch procedures combined with physical contact with passengers can constitute gross misconduct justifying summary dismissal, even for long-serving employees with clean disciplinary records.

Legal authorities cited

Iceland Frozen Foods v Jones [1983] ICR 17Abernethy v Mott, Hay and Anderson [1974] ICR 323Wilson v Post Office [2000] IRLR 834Robinson v Combat StressHadjioannou v Coral Casinos Ltd (1981) IRLR 352Brito-Babapulle v Ealing Hospital NHS Trust [2013] IRLR 854Eastland Homes Partnership Ltd v Cunningham UKEAT/0272/13/MCLondon Ambulance Service NHS Trust v Small [2009] EWCA Civ 220Nelson v BBC (No. 2) [1980] ICR 110Neary v Dean of Westminster IRLR [1999] 288Boardman v Nugent Care Society [2013] ICR 927BHS v Burchell [1978] IRLR 379Sainsbury's Supermarkets Ltd v Hitt [2003] ICR 111Polkey v A E Dayton Services Ltd [1988] ICR 142

Statutes

ERA 1996 s.98ERA 1996 s.98(2)(b)ERA 1996 s.98(4)ERA 1996 s.122(2)ERA 1996 s.123(6)ERA 1996 s.94

Case details

Case number
2501634/2022
Decision date
14 February 2024
Hearing type
full merits
Hearing days
4
Classification
contested

Respondent

Name
London North East Railway Limited
Sector
transport
Represented
Yes
Rep type
barrister

Employment details

Role
Train Manager
Service
24 years

Claimant representation

Represented
Yes
Rep type
barrister
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