Cleaner's Claims Against Mitie Ltd Fail at Employment Tribunal

Mr A Depala worked as a cleaner at Heathrow Terminal 5 for Mitie Ltd from 11 March 2008. On 4 September 2023, Mr Depala was on shift reporting to his supervisor, Chitra Rai.

Mr Depala alleged that Ms Rai had been harassing him with frequent calls for up to three months prior to the incident. However, the tribunal found that the frequency of these calls was not excessive and that asking for the claimant's location was appropriate. The tribunal also found there was no contemporaneous evidence to support the allegation of historic harassment. The judge said that "this is an acceptable level of calls, given the specific nature of an operative's task being to respond immediately to spillages."

During a phone call on 4 September 2023, which was answered by Kamal Pun on loudspeaker, Mr Depala swore. He admitted to swearing at Ms Rai, stating, "I swore and said bloody hell she makes me mad. In my language I said madhochute which translates as f***ing b***** in Hindi." The tribunal found that the claimant used highly abusive, disrespectful and foul language in a public place while wearing the respondent's logo.

Following this, Mitie dismissed Mr Depala for gross misconduct. While Mr Depala argued that his health conditions had affected his behaviour, the tribunal found that his conduct on that day did not arise from his diabetes.

The tribunal dismissed the claim of discrimination arising from disability. It found that the necessary causal link required by law was not established. The tribunal also found there was no contemporaneous evidence to support the allegation of historic harassment.

Regarding the claims of unfair dismissal and breach of contract, the tribunal found that the claimant's actions on 4 September 2023 amounted to a fundamental breach of his contract of employment. The tribunal found that the reason for dismissal was the claimant's admitted swearing. The judge said that swearing directly at a supervisor could reasonably fall within the definition of gross misconduct.

The tribunal found that the respondent conducted a reasonable investigation. It concluded that the disciplinary process followed both the respondent's own policy and the ACAS Code of Practice.

Ultimately, the tribunal decided that the decision to dismiss was a reasonable response. It found that the sanction of dismissal fell within the band of reasonable responses available to a reasonable employer.

This case shows how employer policies regarding conduct and the public representation of a company can affect employment. It demonstrates that the tribunal will look at whether a dismissal falls within the range of reasonable responses an employer might make in a given situation.

It also shows that the tribunal will examine whether there is a direct link between a worker's disability and their behaviour. It highlights that swearing at a supervisor can be viewed as a serious matter by an employer.

If you have a problem at work or feel you have been treated unfairly, you can get free, impartial advice from Acas.

• Acas: The Advisory, Conciliation and Arbitration Service: a free, impartial public body that advises on problems at work and helps employers and workers settle disputes.
• Breach of contract: Not doing what the employment contract requires; in a tribunal it usually means notice pay or other money owed when the job ended.
• Claimant: The person who brings the claim, usually the worker or former worker.
• Disability: In the Equality Act 2010, a physical or mental impairment with a substantial and long-term effect on a person's ability to carry out normal day-to-day activities.
• Discrimination arising from disability: Treating a disabled person unfavourably because of something linked to their disability, such as sickness absence, unless the employer can justify it.
• Dismissed (of a claim): When a tribunal dismisses a claim, the claim has failed. This is not the same as being dismissed from a job.
• Employment tribunal: An independent judicial body that decides disputes between workers and employers, such as unfair dismissal and discrimination claims.
• Gross misconduct: Behaviour serious enough for an employer to dismiss someone straight away, without notice.
• Harassment: Unwanted conduct related to a protected characteristic, or of a sexual nature, that violates someone's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.
• Respondent: The employer, or other person or organisation, the claim is made against.
• The tribunal: The legal body that hears and decides on employment disputes.
• Unfair dismissal: Being dismissed without a fair reason, or in an unfair way. Most employees need to have worked for a minimum period to claim it.

Case numbers: 3313506/2023, 3314330/2023
Claimant: Mr A Depala
Respondent: Mitie Ltd
Tribunal: Employment Tribunal, Reading (Employment Judge Shastri-Hurst)
Decision date: 28 September 2026

Read the full decision on GOV.UK

Topics: breach of contract, disability discrimination, redundancy, unfair dismissal, unlawful deduction from wages, working time regulations

This report explains a published tribunal decision in plain English. It is general information, not legal advice.

Contains public sector information licensed under the Open Government Licence v3.0.