22-year kitchen porter dismissed for sexual harassment: zero-tolerance policy upheld

This case shows that even long-serving employees can be fairly dismissed for misconduct if the employer follows a proper process and has a genuine belief in the wrongdoing. The kitchen porter, who had worked for Marriot Hotels Ltd for 22 years, was dismissed after whispering 'I wish I could impregnate you' to a female colleague. He had already been warned in January 2023 about making inappropriate comments and had signed the employee handbook acknowledging the zero-tolerance policy on sexual harassment.

What the employer did right

Marriot Hotels Ltd conducted a thorough investigation, including interviews with the complainant, a witness, and the claimant. The disciplinary hearing was held promptly, and the claimant was given the opportunity to respond to the allegations. An appeal was also heard by a different manager, who upheld the dismissal. The tribunal noted that the employer's belief in the misconduct was reasonable, especially as the claimant admitted to using sexual innuendoes like 'you look sexy' towards young female colleagues.

What the claimant argued

The claimant disputed the evidence and alleged bias, but the tribunal found no procedural unfairness. The key lesson is that a fair process—investigation, hearing, and appeal—can protect an employer's decision even when the employee has a long service record. For employees, this case underscores that prior warnings and clear policies can make dismissal more likely to be upheld.

Why this matters

This decision reinforces that tribunals will not substitute their own judgment for that of the employer, as long as the employer's decision falls within the 'range of reasonable responses'. Employers should ensure they have clear policies, consistent enforcement, and a fair procedure. Employees should be aware that even a single comment, if serious enough and in breach of a known policy, can lead to dismissal.