An Employment Tribunal has ruled in favour of Mr. Michael Knox, a former employee of Network Rail, who was unfairly dismissed after allegations that he used a racially offensive phrase towards a cleaner.
Background
Knox was dismissed for alleged gross misconduct after reportedly referring to an agency cleaner, Mr P, as a “f*cking Polish Nazi food thrower”. This apparently came from ongoing frustration among staff about a policy requiring cleaners to discard any unnamed or undated food from the office fridge each Friday. Another employee, Mr H, claimed to have overheard the offensive remark as it allegedly took place in the office kitchen.
Mr P initially told investigators that he only heard someone say “f*ck you.” It wasn’t until a second interview—after weeks of office gossip about the alleged phrase—that Mr. P claimed he had indeed been called the Nazi insult.
When finally interviewed at the end of a lengthy investigation involving over 20 staff, Knox denied using the phrase. He admitted expressing frustration over the food policy by saying it was a “f*cking disgrace,” but denied directing any comment at Mr. P.
Tribunal Findings
The Tribunal found that Network Rail failed to establish on the balance of probabilities that Knox had used the offensive phrase. Crucially, they noted:
- Inconsistent witness accounts, namely from Mr. H and Mr. P, whose statements changed between interviews, with contradictions regarding what was said and to who it was directed.
- An unfair investigation procedure as Knox was interviewed last, after gathering opinions from others. The Tribunal concluded this likely led to a biased view of events before he had a chance to respond, undermining the fairness of the process.
- The culture of the office as the Tribunal found that swearing was not uncommon in the workplace and, according to multiple witnesses, Knox’s alleged outburst was not exceptional or personally directed.
- Finally, given the inconsistencies and lack of conclusive evidence, the Tribunal determined that dismissing Knox was not within the “range of reasonable responses” expected of a fair employer.
The Tribunal therefore found Knox’s dismissal to be unfair, and he was awarded over £76,000 in compensation.
Key Takeaway’s
This case is a strong reminder that Employers must maintain fairness in both the process and the evaluation of evidence when undertaking a disciplinary process. Employers should ensure that the accused are interviewed early on, they are not forming biased views, they have considered contradicting evidence and most importantly, that they remember the standard of proof in workplace misconduct cases is the “balance of probabilities.”
If you are an employer or employee affected by the above issue and want advice or support in connection with the same, or any employment law or HR issues more generally, please do not hesitate to contact us on 01206 239761.
