Worker Sacked For “Nazi Food Thrower” Jibe Awarded Over £70K Unfair Dismissal Compensation

In Mr Michael Knox v Network Rail Infrastructure Ltd, a railway signaller has been awarded unfair dismissal compensation totalling more than £70,000. This comes after he was wrongly sacked following allegations that he called a cleaner a “Nazi food thrower”.

Read on as we discuss what transpired and the Employment Tribunal’s judgment. We’ll examine the steps individuals can take if they believe they’ve been unfairly dismissed and outline their potential compensation.

Was your dismissal unfair? If you think it was or have any questions regarding the topic, please reach out. Redmans Solicitors are sector specialists, and after a quick consultation, we can provide expert advice on your possible next steps.

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The Facts in Mr Michael Knox v Network Rail Infrastructure Ltd

Background to Claim for Unfair Dismissal Compensation

Mr Michael Knox (“the Claimant”) began working for Network Rail Infrastructure Ltd (“the Respondent”) on 1 May 1995. He worked there until his dismissal on 1 February 2022, when he was a Signaller at Thames Valley Signalling Centre. Since 2004, he’d also been a representative of the National Union of Rail, Maritime and Transport Workers (“the RMT”).

“Nazi Food Thrower” Allegation Arises

Trouble began when a dispute occurred between the Claimant and agency cleaner Bogamil Jacek Plaszcyca (“BJP”). The issue stemmed from an ongoing workplace problem where cleaners were discarding unlabeled staff food per their policy, leading to mounting tensions. As an RMT representative, the Claimant had been approached by several colleagues who had complained about the situation.

On 29 January 2021, the Claimant discovered some of his son’s food on the kitchen counter and confronted BJP. The situation escalated, and the railway signaller was alleged to have called the cleaner “a f*cking Polish Nazi food thrower.” This allegation was reported to the Respondent, although the initial decision was not to suspend the Claimant.

A fact-finding exercise was initiated before 12 February, followed by a formal investigation starting on 15 February. Multiple colleagues were interviewed as potential witnesses, but many provided inconsistent accounts. While some corroborated the claim, others either didn’t hear the alleged slur or couldn’t recall the exact words spoken. Despite these discrepancies, the matter escalated, prompting an internal investigation into the Claimant’s conduct.

Investigation into Claimant’s Conduct

On 11 March, the railway signaller was notified of an investigation meeting. The letter referred to “an allegation regarding comments made towards the cleaner” but didn’t explicitly mention the specific racial slur.

The investigation meeting took place on 24 March, during which the Claimant denied the allegations. Although he acknowledged the conversation had become tense, he strongly refuted making any racially charged remarks. Instead, he claimed he had only described BJP’s actions as a “f*cking disgrace” in a moment of frustration.

Nevertheless, the investigation concluded on 1 May that there was a disciplinary case to answer. The matter progressed to a disciplinary hearing; however, this was delayed as the Claimant went on sick leave due to stress from 11 May until October.

Claim For Unfair Dismissal Compensation Submitted

The disciplinary hearing finally commenced on 14 December and was reconvened on 27 January 2022. During these proceedings, the Claimant maintained his innocence and pointed out inconsistencies in witness testimonies. Despite his defence, the Respondent found him guilty of gross misconduct and dismissed him with immediate effect on 1 February.

The Claimant appealed the decision, but his appeal was ultimately rejected. As a result, he pursued Employment Tribunal proceedings, filing an unfair dismissal claim. In parallel, he applied for several roles, including trainee train driver positions.

The Employment Tribunal’s Judgment

Following the proceedings, the Employment Tribunal identified several significant flaws in the Respondent’s investigation. One key issue was the inconsistencies in witness statements, which raised doubts about the accuracy of the evidence.

The Tribunal explained that it couldn’t definitively determine who’d witnessed the incident or confirm whether the “Nazi food thrower” remark had been made. Ultimately, the Tribunal found that the Claimant had only used the phrase “f*cking disgrace”.

Additionally, the Tribunal suggested that the Respondent’s disciplinary decision appeared to show a potential bias in favour of BJP, which further undermined the fairness of the process. As a result, the Tribunal concluded that no reasonable employer, based on the available evidence, would have dismissed the Claimant. Hence confirming, that he was dismissed unfairly.

Consequently, the railway signaller prevailed in his claim and was awarded unfair dismissal compensation. Although a minor reduction was made due to his dishonesty during the investigation regarding his communications, he received £76,298.04, covering both a basic and compensatory award, as well as damages for breach of contract.

How to Make a Claim for Unfair Dismissal

If, like the railway signaller, an individual has been dismissed unfairly and exhausted all internal dispute resolution avenues, they may consider initiating employment tribunal proceedings and claim unfair dismissal compensation.

In such cases, it’s essential to act quickly, as the claim generally needs to be filed within three months less one day from the date of dismissal. The first step is to contact ACAS for Early Conciliation, a mandatory and confidential process designed to resolve disputes before reaching an Employment Tribunal. This service is free and aims to facilitate a settlement without the need for formal proceedings.

If Early Conciliation doesn’t lead to a satisfactory resolution, though, the individual can proceed with an unfair dismissal claim, provided they meet the necessary eligibility criteria. To strengthen their case, it’s essential to gather supporting evidence, such as emails, witness statements, and employment records, to demonstrate the unfairness of the dismissal.

How Much Can You Claim for Unfair Dismissal?

If an individual’s dismissal was unfair, and they succeed with their claim, they could be awarded two types of compensation: a “basic award” and a “compensatory award”. The basic award is based on factors like an individual’s age, service length and weekly salary and is capped at £21,000. The compensatory award covers lost earnings, both in the past and the future, and is capped at the lower of 52 weeks’ actual gross pay or £115,115.

If an employer doesn’t follow the proper procedure when dismissing an employee, the amount of unfair dismissal compensation awarded could be uplifted by up to 25%. However, the figure could also be reduced if an individual doesn’t take reasonable steps to mitigate their losses or is found to have contributed to their dismissal.

In any case, if you believe you’ve been unfairly dismissed and want expert legal help, please get in touch. Redmans Solicitors are sector specialists who can provide advice on how you could proceed following a quick consultation.

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