Disciplinary procedures
Case reference FOI2025/01126
Received 9 June 2025
Published 20 August 2025
Request
I would like to know what punitive actions are taken in a case where a member of your staff is found to be guilty in an employment tribunal. In the past 5 years until present date including any live cases, please advise the following:
1. How many tribunal cases have National Highways (please always assume this includes Highways England) gone to an employment tribunal from 1 January 2020 to the present date?
2. Of the above number, please break down by year for the past 5 years how many are discrimination related and how many are not and name those relating to discrimination.
3. Of the discrimination cases, how many were:
a) not progressed due to out of time etc,
b) progressed and National Highways won/were exonerated in the result
c) progressed and National Highways lost in the result
d) are still awaiting a verdict. Please name the above cases.
4. Those categorised under section b) in question 3 - how many of these did the claimant
a) remain in post after the hearing and for what duration?
b) did the claimant leave of their own accord
c) did the claimant leave due to the employer's request
d) did the claimant remain in post by mutual agreement. Please name the cases.
5. Those categorised under section c in question 3, how many of your staff acting in the capacity as the respondent for National Highways where they were accused of discrimination,
a) remained in post after a guilty verdict by the employment tribunal?
b) how many were dismissed after the guilty verdict by the employment tribunal?
c) how many received a disciplinary warning/action of some sort?
d) how many did it appear on their reference when they left employment that they were found guilty in an employment tribunal of discrimination?
e) how many received any kind of training as a result of their failings
6. In the case of those found guilty at an employment tribunal of discrimination what justification is there to keep the employee on after such a judgement when it so clearly breaches your own policies?
7. Please list all the sanctions/ramifications of an employee found guilty of discrimination in an employment tribunal regardless of whether they were a manager or not. Would they be demoted, dismissed or face a disciplinary meeting? If not, why not?
8. Does the finding go on their HR record and is this shared with future employer in their reference? If not, why not?
9. Is the information shared with their line manager/senior management? If so, what sanctions/actions happen? Would their failing be reflected in a pay decrease/demotion?
10. What learnings as an organisation do you share following a guilty verdict in an employment tribunal by way of lessons learnt, apologies given etc? Obviously if a case has gone to tribunal and the findings go against your organisation/manager, this is a serious breach even if only found to be guilty in part. In terms of understanding about equality, diversion and inclusion and to support your anti-bullying and harrassment stance, why would National Highways not take further action against a colleague who had been found guilty in such a discrimination trial and how do you justify them remaining employed with you?
Response
1. How many tribunal cases have National Highways (please always assume this includes Highways England) gone to an employment tribunal from 1 January 2020 to the present date?
44 claimants have issued claims in the employment tribunal against National Highways in this period.
2. Of the above number, please break down by year for the past 5 years how many are discrimination related and how many are not and name those relating to discrimination.
2020/2021 Discrimination: 14 Non-discrimination: 1
2021/2022 Discrimination: 3 Non-discrimination: 4
2022/2023 Discrimination: 7 Non-discrimination: 1
2023/2024 Discrimination: 6 Non-discrimination: 3
2024/2025 Discrimination: 1 Non-discrimination: 3
2025/2026 Discrimination: 0 Non-discrimination: 1
3. Of the discrimination cases, how many were:
a) not progressed due to out of time etc
19
b) progressed and National Highways won/were exonerated in the result
Progressed and National Highways were successful in defending the claim: 5
c) progressed and National Highways lost in the result
Progressed and part of the claim was upheld: 2
d) are still awaiting a verdict. Please name the above cases.
Still awaiting verdict: 5
4. Those categorised under section b) in question 3 - how many of these did the claimant a) remain in post after the hearing and for what duration? b) did the claimant leave of their own accord c) did the claimant leave due to the employer's request d) did the claimant remain in post by mutual agreement. Please name the cases.
Of those discrimination cases where National highways won/were exonerated in the result the figures are exempt from disclosure in accordance with the listed exemption at Section 40(2) of the Freedom of Information Act 2000 (FOIA) – third party personal data. Disclosure of figures in response to an FOI request would be beyond their reasonable expectations of how we would process their personal data. As such disclosure would be unfair and in breach of the first data protection principle of the UK General Data Protection Regulation (GDPR) and hence Section 40(2) is found to apply. This letter serves to act as a refusal notice for this part of your request, in accordance with Section 17(1) of the FOIA.
5. Those categorised under section c in question 3, how many of your staff acting in the capacity as the respondent for National Highways where they were accused of discrimination, a) remained in post after a guilty verdict by the employment tribunal? b) how many were dismissed after the guilty verdict by the employment tribunal? c) how many received a disciplinary warning/action of some sort? d) how many did it appear on their reference when they left employment that they were found guilty in an employment tribunal of discrimination? e) how many received any kind of training as a result of their failings
The respondent in both claims under section c in question 3 was National Highways only. There was not a claim against any individual employed by National Highways. As such the questions are not applicable.
6. In the case of those found guilty at an employment tribunal of discrimination what justification is there to keep the employee on after such a judgement when it so clearly breaches your own policies?
National Highways will always consider the appropriate steps and lessons to be learned from an employment tribunal judgment. Each case is dealt with appropriately taking into account the individual circumstances of the case.
7. Please list all the sanctions/ramifications of an employee found guilty of discrimination in an employment tribunal regardless of whether they were a manager or not. Would they be demoted, dismissed or face a disciplinary meeting? If not, why not?
Where considered appropriate, disciplinary action may be taken under the National Highways Managing Misconduct (disciplinary) Procedure determined on a case-bycase basis.
Depending upon the seriousness of the misconduct, the range of outcomes is below.
Sanctions/ramifications under the Managing Misconduct (disciplinary) procedure include:
Stage 1 – First written warning
Stage 2 – Final written warning
Stage 3 – Dismissal
Other sanctions (which may be imposed in conjunction with other disciplinary action, such as a warning) include (but are not limited to):
-
A period of suspension without pay
-
Loss of seniority (demotion) and/or a transfer of role (which could be a lower status) and immediate change to the terms and conditions of the new role
-
Withdrawing the right to performance related or bonus pay (either wholly or in part) for part or for the full duration of a live warning
-
A ban on promotion, normally for a specified period
-
Making deductions from pay (in whole or in part) or otherwise for any loss of public funds caused by a breach or breaches of discipline
-
Removal of coaching status and payment
8. Does the finding go on their HR record and is this shared with future employer in their reference? If not, why not?
If an employee is subject to a disciplinary process this is recorded on their HR file. As a standard, National Highways references only provide confirmation of an individual’s job role and dates of employment.
9. Is the information shared with their line manager/senior management? If so, what sanctions/actions happen? Would their failing be reflected in a pay decrease/demotion?
We have assumed this question relates to an employee who has been found to have discriminated by an employment tribunal. In that situation, if disciplinary action is taken the line manager will be made aware. The sanctions that may follow are set out in the response to question 7.
10. What learnings as an organisation do you share following a guilty verdict in an employment tribunal by way of lessons learnt, apologies given etc? Obviously if a case has gone to tribunal and the findings go against your organisation/manager, this is a serious breach even if only found to be guilty in part. In terms of understanding about equality, diversion and inclusion and to support your anti-bullying and harrassment stance, why would National Highways not take further action against a colleague who had been found guilty in such a discrimination trial and how do you justify them remaining employed with you?
Lessons learnt are completed and reviewed following an employment tribunal claim to help the business identify and address potential failings or learning points. Actions taken by the business following an employment tribunal may include (but are not limited to) a review of relevant policies and procedures, review of training or introduction of new training.
Each case is managed individually and actions taken following a tribunal’s findings will vary.
The response to question 7 outlines potential sanctions/ramifications an individual could face if their actions are found to have amounted to discrimination.
Please see the response to question 6 with regards to the continuation of an individual’s employment should it be found their actions have amounted to discrimination.
Documents
This is National Highways' response to a freedom of information (FOI) or environmental information regulations (EIR) request.
You can browse our other responses or make a new FOI request.