In the recent case of Ahmed v Nat West an employee who was sacked after running several business websites, including sex work websites, some of which he registered to the office where he worked for the respondent was found to have been unfairly dismissed. In a startling example of the importance of following due process even where very serious allegations are involved, the respondent dismissed the claimant after discovering he had set up sex work websites offering sexually explicit content which were linked to his LinkedIn page which clearly identified him as an employee of the respondent. He had also set up a business development company which boasted an “airy Brighton office with free car parking” – that office was the respondent’s office! The respondent was found to have unfairly dismissed the claimant as they did not follow a fair procedure – there was no final disciplinary hearing, the claimant did not have the opportunity to respond to the allegations and he was not warned of his possible dismissal in advance. The tribunal did, however, reduce his compensation by 100% for contributory fault. This will have been some consolation to the respondent but will not have spared them the costly process of defending the claim through to a full hearing in the tribunal.
Find out how we can help. Our partner, Jon Dunkley, heads the Wollens specialist Employment Department. Contact him today for an informal chat, without obligation on 01271 342268 or via email at [email protected].