Dismissed after customer withdrew security badge: a long-serving employee's unfair dismissal claim fails
A Watch Manager with 25 years' service was fairly dismissed after Airbus withdrew his security badge, the tribunal ruled. He was awarded £2,245.67 for unpaid notice pay but his unfair dismissal and age discrimination claims failed.
1 min read · Last updated 18 May 2026
Case details
- #long-service
- #third-party-pressure
- #locapolicy
- #age-discrimination
- #breach-of-contract-notice-pay
Key facts
- The claimant was employed as a Watch Manager at the Airbus site in Filton for 25 years.
- Airbus withdrew the claimant's security badge under a contractual clause allowing removal without reason.
- The respondent investigated allegations of theft but found them unproven and did not dismiss for theft.
- The claimant failed to attend multiple LOCA meetings and did not engage in alternative employment discussions.
- The respondent paid the claimant until 16 March 2021 but owed £2,245.67 for notice pay from 18 January 2021.
Timeline
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Employment started
Claimant began employment with Serco, later transferred to Securitas via TUPE.
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Incident at Airbus site
Claimant received food items from Elior employee; later accused of theft by Airbus staff.
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Suspension
Claimant suspended on full pay pending investigation into theft allegations.
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Disciplinary hearing
Hearing chaired by Mr Wookey; claimant denied theft.
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Disciplinary outcome
Written warning for not wearing seatbelt; theft allegation not upheld.
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Airbus withdraws security badge
Airbus exercised contractual right to withdraw claimant's security badge.
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Transformation restructure announced
Respondent announced restructure affecting Watch Manager role; claimant could apply for new roles.
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First consultation meeting
Claimant attended meeting about restructure; LOCA process ongoing.
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Second consultation meeting
Claimant attended; redundancy option discussed but subject to LOCA conclusion.
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GP note provided
Claimant's GP stated he was unfit for work and meetings; respondent aware.
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Dismissal letter
Respondent sent dismissal letter citing some other substantial reason (LOCA).
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Effective date of termination
Claimant's employment ended after 12 weeks' notice.
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Claim presented
Claimant filed claims for unfair dismissal, breach of contract, and age discrimination.
The legal issue
The tribunal had to decide whether the claimant's dismissal was fair when the employer's customer withdrew his security badge, making it impossible for him to work at the site. It also considered whether age discrimination claims were brought in time.
The outcome
The tribunal upheld the claimant's breach of contract claim for unpaid notice pay, awarding £2,245.67. However, his unfair dismissal claim failed because the employer had a potentially fair reason (some other substantial reason) and acted reasonably in the circumstances. The age discrimination claims were dismissed as out of time or not proven.
Lessons & takeaways
- If a customer withdraws site access, employers should still follow a fair process, including exploring alternative roles and consulting the employee.
- Long service does not automatically make a dismissal unfair if the employer can show a genuine business reason and reasonable procedure.
- Employees must engage with alternative employment discussions and attend meetings, especially when on notice of potential dismissal.
- Age discrimination claims must be brought within three months of the alleged act; late claims are unlikely to be allowed unless it is just and equitable.
A 25-year career ended by a customer's decision
This case shows how a long-serving employee can be fairly dismissed when a key customer withdraws site access, even if the employee was not at fault. The Watch Manager had worked at the Airbus site for 25 years, but after a customer withdrew his security badge under a contractual clause, the employer could not redeploy him elsewhere. The tribunal accepted that the employer had a genuine business reason for dismissal.
What the employer did right
The employer investigated the theft allegations thoroughly and did not dismiss for misconduct. It then engaged in a 'loss of customer approval' (LOCA) process, consulting the claimant about alternative roles. However, the claimant failed to attend several meetings and did not engage with redundancy options. The tribunal noted that the employer had paid the claimant for 12 weeks' notice, but had miscalculated the final sum, leading to the breach of contract award.
What the employee could have done differently
The claimant's refusal to attend meetings and lack of engagement with alternative employment discussions weakened his case. The tribunal also noted that his age discrimination claims were brought late and lacked evidence. For employees facing similar situations, active participation in consultation processes is crucial, and any discrimination claims should be raised promptly.
Why this matters
This case confirms that 'some other substantial reason' dismissals can be fair when a customer withdraws access, provided the employer follows a reasonable process. It also highlights that long service does not guarantee a finding of unfairness if the employer acts reasonably. Employees should engage fully with any redeployment or consultation process to protect their position.
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