Security officer dismissed for feinting punch at cadet: tribunal upholds gross misconduct decision

When a moment of anger leads to dismissal

This case shows how a single act of aggression, even if provoked, can cost a security officer their job. The claimant, a security officer with nearly four years' service, confronted a cadet who swore at him and feinted a punch. He immediately admitted what he had done in an email and during the disciplinary process. Despite this honesty, the employer decided that gross misconduct had occurred and dismissed him.

The tribunal had to consider whether the employer acted reasonably. It found that the employer had carried out a reasonable investigation, including viewing CCTV footage and interviewing witnesses. The decision to dismiss was within the range of reasonable responses, given the seriousness of the conduct and the security context.

The inconsistent treatment argument

The claimant argued that another employee, PW, had been involved in a similar incident in January 2021 but received no disciplinary action. The tribunal examined this carefully and concluded that the incidents were not truly comparable. PW had been reacting to aggression from a visitor, whereas the claimant had initiated the physical gesture. The employer had investigated the PW incident and decided it did not warrant discipline — a decision the tribunal found reasonable.

This highlights a key lesson: tribunals will look at the specific facts of each case when assessing claims of inconsistent treatment. A simple assertion that another employee got away with it is unlikely to succeed unless the circumstances are genuinely identical.

What the employer did right

The employer followed a proper process: an investigation meeting, a disciplinary hearing with the claimant present, and an appeal. The claimant was given the opportunity to put his case, and the decision-maker considered the evidence, including the claimant's admission and the CCTV footage. The tribunal noted that the employer had also looked into the PW incident before confirming the dismissal, showing a willingness to consider the claimant's arguments.

For employees, this case is a reminder that admitting misconduct does not automatically protect you from dismissal. The honesty may be noted, but if the conduct is serious enough, dismissal can still be fair.

Why the claim failed

The tribunal found that the employer had a genuine belief in the claimant's guilt, based on reasonable grounds after a reasonable investigation. The dismissal was procedurally fair and within the range of reasonable responses. The claim was therefore dismissed, and no compensation was awarded.