Security officer with 17 years' service unfairly dismissed after raising grievance
A security officer with Asperger's Syndrome was unfairly dismissed after raising a grievance about a manager, who then counter-claimed that the complaint was false and vexatious. The tribunal found the investigation biased and the dismissal procedurally unfair.
1 min read · Last updated 18 May 2026
Case details
Key facts
- Mr Rashid was employed as a security officer from 1 June 2005 until his summary dismissal on 27 July 2020.
- He has Asperger's Syndrome (High Functioning Autism Spectrum Disorder), which the respondent accepted as a disability from 14 July 2020.
- The dismissal followed a grievance Mr Rashid raised against a security manager, Michael Martin, after an incident on 23 October 2019.
- The respondent investigated Mr Rashid for making false and vexatious complaints, leading to his dismissal for gross misconduct.
- The tribunal found the investigation was unfair and biased, and the dismissal was both substantively and procedurally unfair.
- The tribunal also upheld claims of discrimination arising from disability, harassment related to disability, and wrongful dismissal.
Timeline
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Employment started
Mr Rashid began working for LHR Airports Limited as a security officer.
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Disability disclosed to manager
Mr Rashid informed his then manager that he was being assessed for Asperger's and shared his son's report to explain effects.
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Incident with security manager
Mr Rashid raised concerns about an incomplete vehicle search and alleged aggressive behaviour by security manager Michael Martin.
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Grievance submitted
Mr Rashid emailed a formal grievance about Mr Martin's conduct during the early hours.
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Counter-grievance by Mr Martin
Mr Martin raised a grievance alleging Mr Rashid made false and vexatious complaints.
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Investigation interview
Mr Rashid was interviewed by investigating officer Stephanie Calleja; he was not shown CCTV footage.
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Investigation report completed
Ms Calleja concluded Mr Rashid made deliberate, vexatious, and false statements, recommending a gross misconduct hearing.
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Disciplinary hearing (first day)
Mr Ng chaired the hearing; Mr Rashid provided medical evidence of his Asperger's diagnosis.
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Dismissal
Mr Ng summarily dismissed Mr Rashid for gross misconduct, citing false allegations and dishonest conduct.
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Appeal hearing
Mr Shea heard Mr Rashid's appeal against dismissal; the appeal was dismissed on 22 September 2020.
The legal issue
The tribunal had to decide whether the security officer was unfairly dismissed, whether he was discriminated against because of his disability, whether he was harassed related to his disability, and whether his dismissal without notice was wrongful.
The outcome
The tribunal upheld the claims of unfair dismissal, discrimination arising from disability, harassment related to disability, and wrongful dismissal.
The key reasons were:
- The investigation was unfair and biased, with the investigating officer failing to consider evidence that supported the claimant's version of events.
- The disciplinary process failed to properly consider the claimant's disability, including his Asperger's Syndrome, and its impact on his behaviour.
- The dismissal was outside the range of reasonable responses, and the appeal process did not remedy the procedural flaws.
Compensation was not specified in the judgment; a remedy hearing will be listed.
Lessons & takeaways
- Employers must ensure investigations into employee complaints are thorough, impartial, and consider all relevant evidence, including any disability-related factors.
- Disability discrimination claims can succeed even if the employer only becomes aware of the disability partway through the process; reasonable adjustments and fair treatment must be applied from that point.
- A long-serving employee with a good disciplinary record is entitled to a more robust process before dismissal, especially when the alleged misconduct relates to a grievance they raised.
- Failing to consider updated medical evidence during a disciplinary hearing can amount to harassment related to disability.
A grievance that backfired
This case highlights the risks for employers when a grievance raised by an employee is met with a counter-allegation that leads to dismissal. The security officer, who had worked for LHR Airports Limited for 17 years, raised a grievance about a manager's aggressive behaviour after an incident in October 2019. Instead of investigating his concerns fairly, the company focused on whether his complaint was false and vexatious, ultimately dismissing him for gross misconduct.
What went wrong in the process
The tribunal found that the investigation was biased from the start. The investigating officer failed to show the claimant CCTV footage that could have supported his version of events, and did not properly consider the impact of his Asperger's Syndrome on his behaviour. The disciplinary hearing also mishandled the disability issue: the manager conducting the hearing refused to consider medical evidence of the diagnosis, and repeatedly questioned why the claimant had not disclosed his condition earlier. This conduct was found to be harassment related to disability.
Why the result matters
For employees, this case shows that raising a legitimate grievance should not put your job at risk. For employers, it is a reminder that dismissing an employee for making a complaint can backfire if the investigation is not scrupulously fair. The tribunal emphasised that a reasonable employer would have considered the claimant's long service, good record, and disability before deciding to dismiss. The outcome also underscores the importance of taking disability seriously throughout the disciplinary process, not just after a formal diagnosis is provided.
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