Civil enforcement officer dismissed for assaulting member of public: dismissal fair
An employment tribunal has upheld the dismissal of a civil enforcement officer who assaulted a member of the public by knocking a phone from their hand. All race discrimination and harassment claims were also rejected.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant assaulted a member of the public by knocking a mobile phone from their hand on 18 August 2021.
- The claimant admitted the assault during the disciplinary process.
- The respondent dismissed the claimant for gross misconduct after a disciplinary hearing on 25 August 2021.
- The claimant's appeal against dismissal was upheld on 5 October 2021.
- The tribunal found that the dismissal was within the band of reasonable responses.
- The tribunal rejected all six allegations of race discrimination and harassment, finding they did not occur or were out of time.
Timeline
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Alleged mint incident
Claimant alleged colleague Abdul Sharif said 'does it have coronavirus?' when accepting a mint. Tribunal found insufficient evidence.
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Alleged kung fu pose
Claimant alleged Abdul Sharif demonstrated a kung fu pose and made a 'Bruce Lee' sound. Tribunal found it did not happen.
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Alleged 'ching chong' comment
Claimant alleged Mohamed Kamara said 'ching chong' when handing a clock card. Tribunal rejected the allegation.
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Alleged 'Kim Jong-un' comment
Claimant alleged Sheikh Chand and Stelio Martin called him 'Kim Jong-un'. Tribunal rejected the allegation.
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Alleged 'hates the Chinese' comment
Claimant alleged Olayiwola Sabowale said he 'hates the Chinese' in the equipment room. Tribunal found it did not occur.
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Assault incident
Claimant assaulted a member of the public by knocking a mobile phone from their hand while issuing a parking ticket.
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Suspension
Claimant was suspended with immediate effect by enforcement manager Masum Miah.
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Disciplinary hearing
Claimant attended a disciplinary hearing chaired by Mr Uddin. He admitted the assault.
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Dismissal
Mr Uddin decided to dismiss the claimant for gross misconduct.
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Appeal outcome
Appeal chair Kiki Kim-Bajko upheld the dismissal decision.
The legal issue
The tribunal had to decide whether the claimant's dismissal for assaulting a member of the public was fair, and whether six allegations of race discrimination and harassment were made out.
The outcome
The tribunal dismissed all claims. It found that the respondent's decision to dismiss for gross misconduct was within the band of reasonable responses, given the claimant admitted the assault. The appeal process also upheld the dismissal.
All six allegations of race discrimination and harassment were rejected. The tribunal found that the incidents either did not occur or were out of time. No compensation was awarded.
Lessons & takeaways
- Admitting to an act of gross misconduct makes it very difficult to argue that dismissal was unfair.
- Race discrimination claims must be brought within three months of the alleged incident; older claims will be out of time.
- Tribunals will carefully scrutinise the evidence for discrimination claims and reject them if there is insufficient proof.
- A fair disciplinary process, including an appeal, can protect an employer's decision from being overturned.
What this case shows
This case illustrates how an employment tribunal assesses a conduct dismissal when the employee admits the misconduct. The civil enforcement officer (CEO) knocked a mobile phone from a member of the public's hand while issuing a parking ticket. He admitted the assault during the disciplinary process, and the employer dismissed him for gross misconduct.
The tribunal found that the employer's decision was within the 'band of reasonable responses' – the legal test for fairness. Even though the claimant argued the dismissal was too harsh, the tribunal noted that the employer had followed a proper procedure, including a disciplinary hearing and an appeal. The appeal chair upheld the dismissal.
What the employer did right
The employer, NSL Ltd, acted promptly by suspending the CEO the day after the incident and holding a disciplinary hearing within a week. The disciplinary chair considered the CEO's admission and decided that dismissal was appropriate. The appeal process was also thorough, with a different manager reviewing the case. This procedural fairness helped the employer successfully defend the unfair dismissal claim.
Why the discrimination claims failed
The CEO also brought six allegations of race discrimination and harassment, including claims that colleagues made racist comments or gestures. However, the tribunal found that the evidence did not support these allegations. Some incidents were not witnessed by others, and the CEO's witnesses were not called to give oral evidence. Other allegations were out of time because they occurred more than three months before the claim was lodged.
This outcome highlights the importance of bringing discrimination claims promptly and having strong evidence to support them. The tribunal will not assume discrimination simply because an employee from an ethnic minority background alleges it.
Key takeaway for similar cases
For employees, admitting to misconduct that endangers the public makes an unfair dismissal claim very difficult to win. For employers, following a fair process – including a proper investigation, hearing, and appeal – is crucial to defending a dismissal. Discrimination claims require clear evidence and must be brought within strict time limits.
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