Shunter dismissed for mobile phone breach: safety rules upheld

This case shows how employment tribunals assess fairness when an employee is dismissed for breaching a safety rule. The shunter, who had worked for the company for six years, was seen using his mobile phone outside a designated area, in direct contravention of a safety alert. The employer suspended him and invited him to a disciplinary hearing, which he did not attend. The tribunal found that the employer had a genuine belief in the misconduct and had carried out a reasonable investigation, including obtaining witness statements and considering the employee's explanations.

What the employer did right

Cordant Cleaning Limited followed a structured process: they suspended the employee, investigated the incident, and invited him to a disciplinary hearing. Even though the employee refused to attend, they proceeded and gave him the opportunity to appeal. The tribunal noted that the employer's belief in the misconduct was reasonable, and the investigation was adequate. The fact that the employee had six years' service did not outweigh the seriousness of the safety breach.

What the employee could have done differently

The shunter could have attended the disciplinary hearing to explain his side. His refusal to engage may have weakened his case. He also raised an allegation about working for a competitor, which the tribunal found unproven. Focusing on the core issue—the mobile phone breach—and cooperating with the process might have led to a different outcome.

Why this matters

This case reinforces that employers in safety-critical environments can dismiss for breaching clear rules, provided they follow a fair process. Employees should take safety alerts seriously and engage with disciplinary procedures. The tribunal's decision highlights that a reasonable investigation does not need to be perfect, but must be sufficient to form a genuine belief in misconduct.