HS2 security guard accused of ‘abandoning his post’ to perform Friday prayers was unfairly dismissed – but was not discriminated against, tribunal rules
- A employment tribunal at Reading, heard Saleem Tayab was unfairly dismissed
- He was employed as a security guard for Atalian Servest Security Limited
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A HS2 security guard who was accused of ‘abandoning his post’ to perform Friday prayers was unfairly dismissed – but was not discriminated against, a employment tribunal has ruled.
Saleem Tayab was praying in a facilities room at lunch time when his supervisor visited the work site and found he was not on the gate, it was heard.
Despite the security guards having arranged their breaks among themselves – as supervisors ‘left [them] to get on with it’ – and dividing the working day among themselves, Mr Tayab was accused of gross misconduct.
And following an investigation, the panel at Reading, Berkshire, heard that he was sacked by Atalian Servest Security Limited in 2020.
It was also heard that there was no effort made into collecting CCTV evidence to prove that the security guard went on the break that he discussed with his colleagues.
Mr Tayab was moved to guard the gate of an HS2 site at Rickmansworth, Hertfordshire, following his contract work with Tesco (File image)
The security guard then won claims of unfair dismissal, wrongful dismissal and holiday pay regulations proven.
However, his claims of direct race discrimination and direct religious discrimination failed.
A tribunal heard the security guard was employed as a registered security guard for Atalian Servest Security Limited, since 2015.
Mr Tayab worked on a contract for Tesco until 2019, when he was given a final written warning for abandoning his post.
Following this, he was moved to guard the gate of an HS2 site at Rickmansworth, Hertfordshire, the panel was told.
He then endured 12 hour shifts alongside two colleagues, who were allowed to sort breaks out among themselves as there was no ‘hard and fast rule’ about them, it was heard at the tribunal.
In January 2020, Mr Tayab was on duty with two other security and they were following their usual agreed shift pattern.
He was due to have his break from midday until 2.00pm.
At noon he went on his hour lunchbreak until 1.00pm, leaving his two colleagues on the gate, and then went to pray at 1.00pm, the panel was told.
The security guard was he was sacked by Atalian Servest Security Limited in 2020 despite being employed by them since 2015 (File image)
Kassem Khalifeh, who was Mr Tayab’s supervisor, visited the post while the security guard was praying and noticed that he was not on duty.
An investigation was launched following this and Mr Tayab was accused of ‘gross misconduct.’
After a disciplinary hearing was held, he was sacked from his role.
The panel was told that there was no effort made into collecting CCTV evidence from the gate – which might have shown that Mr Tayab had gone on his pre-arranged break.
Mr Tayab also appealed the decision that was made then. However, this was rejected.
The tribunal ruled that Mr Tayab was unfairly dismissed by Atalian Servest Security Limited because he did not ‘leave the gate unstaffed’.
Employment Judge Naomi Shastri-Hurst said: ‘At the time of the claimant leaving for his two-hour break, he did not leave the gate unstaffed, he left his colleagues in charge.
‘How breaks were taken, or the length of them, were not monitored by the security officers’ management.
‘[Supervisors] did not even explore whether the gate in question was covered by stationary CCTV… [which might have shown him] going for his break.’
A hearing to decide Mr Tayab’s compensation will now be held.
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