Case law updates

Due process matters: Tribunal highlights gaps in RNLI’s handling of misconduct case

A recent tribunal decision against the RNLI highlights how procedural shortcomings can undermine even serious allegations of misconduct. Although the employee faced accusations of discriminatory language, including calling the Mayor of London a “terrorist” and repeating inappropriate jokes, the panel found significant flaws in the organisation’s approach, with key elements of the investigation falling short of ACAS standards and the RNLI’s own procedures.

Investigators failed to specify all allegations in writing, did not verify contested evidence, and produced a report that lacked detail and relied on subjective impressions rather than factual findings. According to the tribunal, these missteps meant the organisation lacked reasonable grounds to conclude that the behaviour amounted to gross misconduct or justified summary dismissal. The disciplinary hearing compounded these issues, with the decision-maker displaying what the panel described as a “closed mindset” and interpreting the employee’s comments about future conduct as unwillingness to change without exploring alternatives. While some of the employee’s remarks were deemed inappropriate, the tribunal concluded that the overall process fell below basic standards of fairness. As a result, it upheld claims of unfair and wrongful dismissal, with a remedies hearing scheduled for December 2025.