Respondent won Employment Tribunal · 18 December 2023

Machine Room Manager dismissed after blocking subordinate: conduct dismissal upheld

An Employment Tribunal has upheld the dismissal of a Machine Room Manager with 8 years' service who admitted physically blocking a subordinate during a workplace argument. No compensation was awarded.

1 min read · Last updated 19 May 2026

Case details

Key facts

  • The Claimant was employed as Machine Room Manager from 23 September 2014 until 24 January 2023.
  • On 20 December 2022, the Claimant and a subordinate, Louise Durrell, had an altercation in the cleaning room.
  • The Claimant admitted raising his voice and physically blocking Ms Durrell from leaving the room.
  • The Respondent dismissed the Claimant for misconduct after a disciplinary hearing on 19 January 2023.
  • The Claimant did not appeal the dismissal decision.

Timeline

  1. Employment start

    The Claimant commenced employment as Machine Room Manager.

  2. Incident

    Altercation between the Claimant and Louise Durrell in the cleaning room. The Claimant raised his voice and physically blocked her exit.

  3. Suspension and disciplinary invitation

    The Claimant was formally suspended and invited to a disciplinary hearing. Witness statements were gathered.

  4. Witness interviews

    Managing Director Trevor Nicholls interviewed witnesses, including Ms Durrell and three colleagues.

  5. Claimant's written response

    The Claimant sent a letter to the Respondent summarising his position, expressing contrition and raising concerns about the process.

  6. Disciplinary hearing

    The disciplinary hearing was chaired by Sales Director Russell Hardy. The Claimant admitted raising his voice and blocking the exit.

  7. Dismissal decision

    Mr Hardy decided to dismiss the Claimant with notice, finding gross misconduct. The decision was communicated to the Claimant.

  8. Dismissal effective

    The Claimant's employment was terminated with notice.

  9. Early conciliation start

    Early conciliation was conducted between 13 March and 18 April 2023.

  10. Claim form filed

    The Claimant filed his claim for unfair dismissal.

The outcome

The Employment Tribunal dismissed the claim of unfair dismissal. The tribunal found that the employer, UHV Design Limited, had a genuine belief that the Machine Room Manager had committed gross misconduct by physically blocking a subordinate from leaving a room and raising his voice. The investigation was reasonable, and the decision to dismiss was within the range of reasonable responses for a manager with his experience. No compensation was awarded.

Lessons & takeaways

  • Admitting the conduct can strengthen the employer's case for dismissal, even if the employee shows contrition.
  • A manager's physical blocking of a subordinate is likely to be treated as gross misconduct, regardless of provocation.
  • Not appealing a dismissal can weaken a subsequent unfair dismissal claim, as it suggests acceptance of the outcome.
  • Long service does not automatically make a dismissal unfair if the misconduct is serious and the process is fair.

What this case shows in practice

This case illustrates how tribunals assess the fairness of a conduct dismissal when the employee admits the key facts. The Machine Room Manager, who had eight years' service, accepted that he raised his voice and physically blocked a subordinate from leaving a cleaning room during a heated argument. The employer, UHV Design Limited, dismissed him for gross misconduct after a disciplinary hearing.

The tribunal focused on whether the employer followed a fair process and whether dismissal was a reasonable response. Despite the manager's long service and the fact that the subordinate had also used foul language, the tribunal found that the employer acted reasonably. The manager's admission of physically blocking the exit was critical — it meant the employer did not need to resolve disputed facts.

What the losing side could have done differently

The manager's decision not to appeal the dismissal was a significant factor. The tribunal noted that an appeal could have addressed his concerns about the process, such as the timing of witness interviews. By not appealing, he missed an opportunity to show that the employer's decision was flawed. Additionally, while the manager expressed contrition, he did not fully acknowledge the seriousness of physically blocking a colleague, which the employer and tribunal viewed as a serious breach of trust.

Why the result matters for similar claims

This case reinforces that employers can dismiss for a first offence of gross misconduct if the conduct is serious enough, even for long-serving employees. Physical blocking, even without violence, can be treated as gross misconduct. It also highlights that a fair investigation does not need to be perfect — it must be reasonable in the circumstances. Employees who admit misconduct should consider appealing if they believe the process was unfair, as failing to do so may harm their claim.

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