Tag

#comparator-evidence

10 cases tagged Comparator Evidence.

Partial win £1,019 · Nov 2023

Bus driver dismissed for using phone at wheel: unfair dismissal claim fails

An 18-year bus driver was sacked for gross misconduct after CCTV showed him using a mobile phone while driving. The tribunal upheld the dismissal but awarded £1,019 for unpaid wages and holiday pay.

cctv-footagemobile-phone-usedangerous-driving
Respondent won · Sept 2023

Senior lecturer dismissed for romantic relationship with student: dismissal fair

A senior lecturer with 14 years' service was fairly dismissed for gross misconduct after developing a romantic relationship with a student. The tribunal rejected his claims of unfair dismissal and race discrimination.

lecturer-student-relationshipprofessional-boundariesgross-misconduct
Respondent won · Sept 2023

Constructive dismissal claim fails: genuine performance concerns justified capability process

A Business Development Manager who resigned claiming constructive dismissal due to race discrimination lost his case. The tribunal found Siemens Healthcare Ltd had genuine, evidence-based performance concerns and had not breached the implied term of trust and confidence.

constructive-dismissalperformance-improvement-plancapability-procedure
Partial win £27,624 · Jul 2023

Trainee duct fitter awarded £27,624 after race discrimination over pay and work allocation

A black trainee duct fitter was paid less and given more labouring work than white comparators. The tribunal awarded £27,624 for race discrimination and unpaid wages.

race-discriminationunfair-dismissalunauthorised-deductions
Respondent won · Jul 2023

Postal worker dismissed for not wearing seatbelt during pandemic: dismissal upheld

A postal worker with 21 years' service was fairly dismissed for not wearing a seatbelt while sharing a vehicle during the pandemic, the tribunal ruled, rejecting his claim of unfair dismissal.

covid-19comparator-evidenceunless-order
Respondent won · Jul 2023

31-year Home Office officer dismissed for unauthorised database lookups: dismissal fair despite procedural flaws

An Immigration Enforcement Officer with 31 years' service was fairly dismissed for gross misconduct after carrying out unauthorised lookups on a Home Office database, including after a zero-tolerance policy was introduced. The tribunal found the employer's belief in misconduct was genuine and reasonable, despite procedural shortcomings.

unauthorised-crs-lookupszero-tolerance-policylong-service
Claimant won £17,003 · May 2023

Dismissed for a cigarette break while pregnant: a taxi operator's unfair dismissal win

A telephone operator who was dismissed for taking a cigarette break 12 minutes into her shift, while other employees who did the same were not disciplined, has won her claim for automatic unfair dismissal related to pregnancy. The tribunal awarded her £17,003.

pregnancy-discriminationautomatic-unfair-dismissalharassment
Respondent won · May 2023

Dot Com driver's race and religion discrimination claims against Tesco dismissed

A Tesco Dot Com driver who alleged 17 incidents of discrimination on grounds of race and religion has had all claims dismissed by an employment tribunal.

race-discriminationreligion-or-belief-discriminationdisciplinary-investigation
Respondent won · Dec 2022

Machine operator dismissed for unauthorised absence after returning late from Mali: dismissal fair

A machine operator who returned late from unpaid leave to visit his ill mother in Mali was fairly dismissed for misconduct. The tribunal also struck out his race discrimination claim for failing to provide a witness statement despite an Unless Order.

race-discriminationunfair-dismissalunless-order
Respondent won · Apr 2022

Deputy store manager dismissed after inappropriate conversation with 15-year-old customer: tribunal upholds decision

An Asda deputy store manager with 10 years' service was fairly dismissed for gross misconduct after asking a 15-year-old customer for her phone number, the Watford Employment Tribunal has ruled.

inappropriate-conversation-with-minorgross-misconductrace-discrimination