Cleaner dismissed after public complaint of sexist remark: employer's decision upheld

What this case shows in practice

This case illustrates how employment tribunals assess fairness in misconduct dismissals, particularly when the allegation comes from a member of the public. The cleaner, who had worked for MITIE Limited since 2016, was dismissed after a woman complained via social media that he made a sexist remark to her at Manchester Piccadilly station. The cleaner denied the allegation and suggested a colleague was responsible, but the employer's investigation concluded otherwise.

The tribunal focused on whether the employer had a genuine belief on reasonable grounds, whether a reasonable investigation was carried out, and whether dismissal was within the range of reasonable responses. The employer's disciplinary hearing was conducted via MS Teams, which the cleaner argued was unfair, but the tribunal accepted it as reasonable given the circumstances.

What the losing side could have done differently

The cleaner represented himself and absented himself from the second day of the hearing after an allegation of harassment against the respondent's counsel. This likely weakened his case. He could have attended and presented his evidence more effectively. Additionally, his suggestion that the remark was made by a colleague was not supported by evidence, and his own 'leg man' comment during the investigation did not help his credibility.

Why the result matters for similar claims

This case confirms that employers do not need conclusive proof of misconduct; they need a genuine belief based on reasonable grounds after a reasonable investigation. The 'range of reasonable responses' test gives employers significant leeway, and tribunals will not substitute their own view for that of the employer. For employees, it highlights the importance of engaging fully with the disciplinary process and the tribunal hearing, as failing to do so can be detrimental.