15-year service not enough to save engineer dismissed for bullying vulnerable colleague
An assistant service engineer with 15 years' service was fairly dismissed for bullying a vulnerable colleague, the tribunal ruled, upholding the employer's investigation and decision.
1 min read · Last updated 18 May 2026
Case details
- #bullying
- #vulnerable-colleague
- #swearing
- #investigation
- #gross-misconduct
- #summary-dismissal
Key facts
- The claimant was dismissed on 18 September 2020 for bullying a vulnerable colleague.
- The claimant had worked for the respondent since 9 May 2005 as an Assistant Service Engineer.
- The bullying complaint was made by Sam Rumaner on 13 August 2020.
- The respondent conducted an investigation and disciplinary hearing before dismissing the claimant.
- The claimant appealed the dismissal, but the appeal was upheld.
Timeline
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Claimant started employment
The claimant began working for the respondent as an Assistant Service Engineer.
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Previous disciplinary action
The claimant was disciplined for taking excessive sick leave and emergency annual leave.
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Sam Rumaner seconded to team
Sam Rumaner was seconded to the engineering team; the claimant was assigned as his mentor.
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Claimant promoted
The claimant was promoted, partly due to his mentoring of Mr Rumaner.
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Mr Rumaner reported mistreatment
Mr Rumaner told Kevin Ripley he was being mistreated by the claimant.
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Written complaint of bullying
Mr Rumaner made a written complaint of bullying against the claimant.
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Investigation assigned
Kevin Ripley was assigned to investigate the allegations.
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Investigatory interview with claimant
The claimant was interviewed as part of the investigation.
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Investigation outcome
Mr Ripley concluded the complaint was valid and recommended a disciplinary hearing.
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Disciplinary hearing and dismissal
The disciplinary hearing was held; the claimant was dismissed for bullying.
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Appeal lodged
The claimant appealed the dismissal.
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Appeal hearing
The appeal hearing was chaired by Scott Last.
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Appeal dismissed
The appeal was dismissed and the dismissal upheld.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed for conduct (bullying) and whether the employer was entitled to dismiss without notice (wrongful dismissal).
The outcome
The tribunal dismissed both claims. The dismissal was fair because the employer honestly believed the bullying allegations, had reasonable grounds for that belief, carried out a reasonable investigation, and dismissal fell within the range of reasonable responses. The employer was also entitled to dismiss without notice because the bullying amounted to gross misconduct.
No compensation was awarded.
Lessons & takeaways
- Length of service does not protect an employee from dismissal for gross misconduct, such as bullying, if the employer follows a fair process.
- Employers should ensure investigations are thorough and consider the vulnerability of the complainant, but the tribunal will not second-guess reasonable decisions.
- Employees should be aware that bullying a vulnerable colleague can be treated as gross misconduct, even if there is no prior disciplinary record for similar behaviour.
- A fair appeal process can strengthen the employer's case, even if the appeal upholds the dismissal.
A case about conduct, not capability
This case shows that even long-serving employees can be fairly dismissed for misconduct if the employer follows a proper process. The claimant, an assistant service engineer with 15 years' service, was dismissed for bullying a vulnerable colleague. The tribunal carefully examined whether the employer's investigation and decision were reasonable.
What the employer did right
The employer acted promptly after receiving the complaint. They appointed an investigator who interviewed the claimant and other witnesses. The investigator concluded the complaint was valid, and a disciplinary hearing was held. The claimant was given the opportunity to respond, and the decision to dismiss was made by a manager who had not been involved in the investigation. The claimant also had a right of appeal, which was heard by a different manager. The tribunal found that the investigation was reasonable and that the employer genuinely believed the allegations.
Why the result matters
This case reinforces that tribunals will not substitute their own judgment for that of the employer, as long as the employer's decision falls within the 'range of reasonable responses'. The fact that the claimant had a clean disciplinary record and long service did not outweigh the seriousness of the bullying. The vulnerability of the colleague was a key factor. Employers can take confidence from this case that a fair process, including a reasonable investigation and appeal, will protect them from unfair dismissal claims.
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