In this month’s highlights, our team summarises the latest developments in UK employment law and their implications for employers. Catch up on September’s highlights here.
1. In Alom v. FCA, the Employment Appeal Tribunal (EAT) held that the dismissal of an employee for misconduct is not unfair despite alleged shortcomings in the disciplinary process.
What led to the dispute, and why is the outcome significant for employers?
- An employee of the Financial Conduct Authority (FCA), Mr. Alom, was determined to have sent a hostile email to a female colleague – which was found to be harassment – as well as a further email regarding a separate conduct complaint in violation of the FCA’s confidentiality policy. Following a disciplinary procedure, Alom was dismissed.
- Alom brought a complaint of unfair dismissal, which was rejected by the Employment Tribunal. Alom appealed this decision, arguing that his dismissal was procedurally unfair for the following reasons:
- He was not provided with a transcript of the internal investigative interviews regarding his conduct.
- An HR “script” that was prepared for his line manager indicated that the line manager was not the true decision maker, and so dismissal was a foregone conclusion.
- A search of his company computer during the internal investigation breached his right to privacy under the European Convention on Human Rights (ECHR).
- The EAT noted that there is no absolute requirement to provide Alom with the transcript, according to the...
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