Despite wrongdoing by the employee, judge says the delay in proceedings was ‘surprising’ and objectively unreasonable
A sales adviser who gave his personal mobile number to a customer and passed her contact details on to a colleague was unfairly dismissed, a tribunal has ruled.
The London South Tribunal ruled that Mr C Hagan, who was investigated for a string of accusations from colleagues, including bringing his daughter to his place of work, bullying and playing offensive music, was unfairly dismissed when his employer, Sky, took five months to complete a disciplinary investigation.
Employment judge Swaffer said the period of time that Sky took to carry out the investigation without any contact with Hagan was “at odds” with the requirement for an investigation to be reasonable.
The tribunal heard that Hagan – who “met all his performance targets” – was employed as a sales adviser at the Sky stand in Kingston upon Thames’s Bentall Centre from 7 August 2017 until his dismissal on 25 November 2020.
In September 2019, Hagan’s grandmother, who was also caring for his disabled son, died, and on 2 October he made plans to travel to Ghana to attend the funeral.
The tribunal heard that “sometime” between September and December 2019, Hagan was investigated for using the Sky stand to make calls to Ghana.
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