Mr C Smart v Royal Mail Group Ltd

5 EMPLOYMENT TRIBUNALS (SCOTLAND)   Case No:  8000166/2024 Final hearing 10 held in Edinburgh on 8 and 9 July 2024 Employment Judge A Jones 15 Mr C Smart Claimant In person 20 Royal Mail Group Limited Represented by Mr Gibson, solicitor 25

JUDGMENT 30 The claimant was not unfairly dismissed and his claim fails. Background

1. The claimant lodged a claim of unfair dismissal on 19 February 2024. The 35 respondent’s position was that the claimant had been dismissed for a potentially fair reason being conduct and that it had followed a fair procedure. Parties lodged a joint bundle of documents. The respondent called three witnesses, Mr Christie who was the claimant’s line manager at the time of the issues leading to ...

2. The issues to determine at this hearing were: 10 i. Did the respondent establish a potentially fair reason for the claimant’s dismissal. ii. If so, was the claimant’s dismissal fair within the terms of section 98(4) Employment Rights Act 1996 (‘ERA’) iii. If the claimant was unfairly dismissed what if any compensation 15 should be awarded to him. Relevant law

3. ERA provides that conduct is a potentially fair reason for dismissal. If a 20 respondent establishes a potentially fair reason for dismissal then in order to determine whether a claimant has been fairly or unfairly dismissed, a Tribunal should have regard to section 98(4) ERA which provides that, where an employer can show a potentially fair reason for dismissal: "... the determination of th...