A senior manager responsible for ports projects valued up to £150 million has successfully won an unfair dismissal case after being overheard criticizing his superior. Sahir Rahim, a senior manager at Associated British Ports (ABP), was criticized by the company's Head of Programme, Ben Hodgkin, after Rahim made disparaging remarks about Hodgkin to a junior colleague.
The incident occurred on July 5, 2023, when Rahim, unaware that Hodgkin was nearby, was overheard speaking loudly on the street outside ABP's London headquarters. Rahim expressed frustration over his manager's approach and made comments such as, "what the f**k does he know about contracts." He also responded to a colleague's suggestion that he take Hodgkin's job by stating he could and should not be reporting to him.
Rahim had been employed by ABP as Head of Contract and Cost Management since January 2020. He reported feeling that his role was being diminished by Hodgkin after raising an internal governance issue in March 2023. Rahim also alleged that Hodgkin set unrealistic deadlines and required him to work over 37 hours per week.
Following the overheard conversation, Hodgkin, who stated he was genuinely upset, reported the incident. Rahim was then subjected to a disciplinary process and suspended. He initially could not recall the conversation but acknowledged it was "the sort of thing that he would say and he accepted it was inappropriate."
ABP initially found Rahim guilty of gross misconduct but issued a final written warning instead of dismissal, acknowledging his stressful work situation and long hours. However, on the same day he received the warning, ABP informed him that they were considering dismissing him under an "other dismissals" policy due to a perceived breakdown in his relationship with his manager and the company.
Rahim subsequently took a period of sick leave due to work-related stress. ABP decided not to pay him contractual sick pay, citing a contract clause that allowed withholding sick pay during a disciplinary process. The tribunal found evidence that this withholding of pay was used as a "negotiating tool" and a "disciplinary measure," which is not its intended purpose. Rahim was only paid statutory sick pay.
After a series of unsuccessful grievances and appeals, Rahim resigned in January 2024, claiming constructive dismissal. The employment tribunal ruled that while Hodgkin reporting Rahim's comments was reasonable, ABP's subsequent actions of withholding sick pay in bad faith and invoking the other dismissals policy were not justified by Rahim's conduct. The tribunal found that Rahim was unfairly dismissed and not paid wages he was owed, thus breaching his contract. The amount of compensation Rahim will receive is to be determined at a later date.