MacKenzie Taylor Asset Management Ltd

Case Summary

The claimant claimed unfair dismissal from her position at a small financial management firm regulated by the FCA. The tribunal found that the employer had a genuine and reasonable belief, based on a fair investigation, that the claimant was guilty of gross misconduct including interfering with work phone data, illegally accessing the employer's computer to photograph confidential and legally privileged emails, and unauthorised disclosure of confidential information. The tribunal concluded the dismissal fell within the band of reasonable responses and was fair.

The tribunal found the respondent conducted a fair investigation, held genuine and reasonable grounds for belief in the claimant's misconduct (particularly the serious conduct of illegally accessing the employer's computer and photographing confidential legally privileged emails), followed a fair procedure with an independent appeal officer, and that summary dismissal was within the band of reasonable responses available to a reasonable employer for the conduct proved.

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• •Whether the dismissal was fair under section 98(4) of the Employment Rights Act 1996
• •Whether the claimant was guilty of misconduct (allegations included interfering with work phone data, illegal access to employer's computer and viewing confidential emails, unauthorised access to and disclosure of confidential information, collusion with colleague)
• •Whether the employer had reasonable grounds for belief in misconduct
• •Whether the investigation was fair and thorough
• •Whether the procedure was fair
• •Whether dismissal fell within the band of reasonable responses

The full source document is available from the official publication page.