Train Driver Wins Unfair And Wrongful Dismissal Claim Against West Midlands Trains

Mr J. Richardson had been employed by West Midlands Trains Ltd as a train driver since 4 April 2018. He worked out of the company's Bletchley depot. The tribunal heard that in mid-2022, a colleague, known as Driver A, indicated a dislike of, or squeamishness regarding, insects and spiders.

The tribunal found that on 12 September 2022, Mr Richardson placed a snakeskin in Driver A's pigeonhole. On or around 4 August 2022, he also placed a tarantula's shed exoskeleton in her pigeonhole. Mr Richardson said, "I thought it was normal banter".

According to the tribunal's findings, Driver A was distressed by these incidents and required a colleague to help her clear the objects from her pigeonhole. The respondent concluded that these actions constituted bullying, particularly because Driver A had previously asked Mr Richardson to stop.

The tribunal heard that Mr Richardson had previously received a written warning for misconduct on 2 February 2022 regarding an operational incident. Following a disciplinary process, Mr Richardson was summarily dismissed on 24 November 2022.

The tribunal found that the claim for unfair dismissal was well-founded. It also found that the claim for wrongful dismissal was upheld. The judge said that the investigation report used by the respondent was "noticeably one-sided".

The tribunal found that West Midlands Trains Ltd did not act reasonably in treating Mr Richardson's conduct as a sufficient reason for dismissal. The judge said the respondent did not hold a genuine belief, on reasonable grounds, that the conduct warranted dismissal.

The tribunal found that the dismissal did not fall within the range of reasonable responses to the conduct. The judge noted that even if the actions were considered serious misconduct, dismissal would not have been within the range of reasonable sanctions.

The tribunal found that once the actions were classified as bullying, a finding of gross misconduct followed directly without an assessment of the severity of the bullying. However, the tribunal found it would be practicable for the respondent to reinstate Mr Richardson, as the working relationship with Driver A was not irreparable.

• loss of earnings until 6 July 2023: £22,571.22
• loss of earnings from 7 July 2023 until reinstatement: £704.99 per week
• lost weekly benefit: £1,152.79
• net sum for the period until 6 July 2023: £22,571.22
• ongoing net weekly loss: £704.99

This case shows that employers must follow fair processes when deciding to dismiss an employee. Even if an employee's behaviour is problematic, the decision to dismiss must be a reasonable response to the situation.

If you have a problem at work or believe 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.
• Claimant: The person who brings the claim, usually the worker or former worker.
• 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.
• Reinstatement and re-engagement: Orders that an employer take back a dismissed employee, in the same job (reinstatement) or a comparable one (re-engagement).
• Respondent: The employer, or other person or organisation, the claim is made against.
• Summary dismissal: Dismissal straight away, without notice or pay in place of notice, usually for gross misconduct.
• 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.
• Well-founded: The tribunal's phrase for a claim that succeeds. "Not well-founded" means it fails.
• Wrongful dismissal: Dismissal in breach of contract, usually without the notice, or notice pay, the employee was owed.

Case numbers: 3300402/2023, 3302080/2023
Claimant: Mr J. Richardson
Respondent: West Midlands Trains Ltd
Tribunal: Employment Tribunal, Watford (Employment Judge Hunt)
Decision date: 18 January 2024

Read the full decision on GOV.UK

Topics: breach of contract, unfair dismissal, wrongful dismissal, train driver

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.