Unfairly dismissed over unfounded criminal allegations

Background facts

Mr Whyley (W) began working for Gypsumtools Ltd (G) in April 2018 as a tool repair technician. In January 2021 one of W’s colleagues, Mr Cooper (C) conducted an online search of W’s name.

This search brought up video footage and photographs called “The Hunted One”.

Video footage

The video footage showed W sitting in his car and him then being approached by two men who accused him of attempting to meet a teenager and exchanging sexually explicit messages with her.

C immediately notified G’s managing director, Mr Wilson (Wn) about what he’d found online.

An ambush

On 11 January 2021, without any prior notice or information, W was asked to attend a meeting with Wn and G’s HR manager Ms Horsley (H). At this meeting, W was confronted with the video clip and photographs.

He explained to Wn and H that the video had been edited and he’d been physically assaulted by the two individuals. He went on to disclose information from his solicitor which proved that no further action had been taken by the police.

Keeping quiet

W further disclosed that he had not mentioned the incident to G before because it had a huge psychological impact on him and was “too traumatic”. Despite his honesty, C was informed that he could either resign with immediate effect or be dismissed by G.

When W didn’t resign H wrote to him on 11 February 2021 terminating his employment.

Termination grounds

This was on the basis that there: (1) had been an irretrievable breakdown in the parties’ working relationship; and (2) was a serious risk of reputational damage to G if W’s employment continued.

W then claimed unfair dismissal and the tribunal has now found in his favour awarding him over £21,000 in compensation (click here ).

Tribunal reason

The employer involved in this case effected an unfair dismissal because it assumed that W was guilty of criminal conduct when there was no real evidence to suggest that this was the case, i.e. a criminal conviction or a prosecution. It also completely failed to take into account the evidence produced by W from his solicitor which confirmed that no action had been taken by the police. Additionally, G had given W an unacceptable ultimatum.

Tip. An employee must never be given a choice to resign or be dismissed. Not only does this suggest they’ve already been found guilty, employers have no right to demand resignations and doing so can invite an unfair dismissal claim.