A former Heathrow Airport employee who was fired for showing a racist video and using offensive racist terms was found to be “unfairly dismissed” by an employment tribunal and could receive £44,000 in compensation.
Jose Gomes had worked as a security officer at the airport for 20 years. He was also a Unite union representative, and shortly before his dismissal became Chair of the Terminal Three branch.
In May 2022, Mr Gomes reported harassment by a colleague, Mr Dadral, following his election victory as branch chair. Mr Dadral was convicted of harassment without violence later that year.
Mr Dadral then filed complaints against Mr Gomes in July 2022, alleging racial discrimination. He claimed he was shown a video by Mr Gomes which described India as a dirty country.
He also alleged that Mr Gomes used the phrase “if you shake an Indian man’s hand, count your fingers”.
He went on to allege that he had also heard Mr Gomes use a word which is described as a derogatory term for black people.
It was believed that Mr Dadral’s complaint was not made in good faith, however this did not mean the accusations were false.
Mr Gomes denied the allegations, although he admitted to referencing these phrases in general, which he says were not directed at anyone.
He also described the video which caused offence to Mr Dadral as “educational.” However, he later accepted that it could be seen as offensive.
Mr Gomes was suspended in September 2022. He was then dismissed two months later following a formal investigation, having been found to have violated policy on three grounds.
The video Mr Gomes showed to his colleagues was found to be “racist, highly offensive and completely inappropriate”.
It was also concluded that Mr Gomes knew the handshake phrase would cause offence, even if he didn’t mean to.
Mr Gomes also admitted that the use of the term to describe black people would offend people. However, it was not found to be directed at anyone, but it was still used in open conversation.
Mr Gomes apologised for any offence, and said he would be more mindful against such behaviour. Yet, the report noted doubt around his credibility and sincerity.
As such, based on the discriminatory nature of his actions and lack of confidence it wouldn’t happen again, he was sacked. However, the tribunal found this outside the reasonable range of responses for a number of reasons.
The tribunal found that a lack of clarity on the timing of incidents was notable.
Some may have been years old. Additionally, Mr Gomes had worked at Heathrow Airport for over two decades, without any marks against his record.
Furthermore, it was found that there was no evidence of repeated or targeted conduct, and that it was instead Mr Gomes’ naivety which was the issue, not malice.
The tribunal also found that Mr Gomes’ apology and willingness to change had been overlooked.
He will now receive £44,000 in compensation from his ex-employer.
Mr Gomes said: “I could not understand that the company after all these years would consider such a harsh and embarrassing outcome.
“They could not even conduct an impartial and fair investigation. Heathrow does not truly care for its employees. This was the second time that I felt like a number…
“Given the size of the airport I struggle to understand why they cannot re-integrate me into the business.
“I believe I would be welcomed back by former colleagues, including the many individuals who supported me during the investigation and disciplinary process.”
Heathrow Airport has rejected the judgement and has launched an appeal to have the decision overturned.
The company has refused to comment further until the outcome of the appeal.
