Mr A Wheatley v Kings Security Systems Limited — 2020

Mr A Wheatley worked for Kings Security Systems Limited as an Assistant Site Manager at the Meggitt site in Coventry. After a failed penetration test at the site, the respondent held a meeting with security staff on 13 May 2019 to stress the seriousness of the breach and their responsibilities. The next day, the claimant participated in filming a short “Jurassic Park” style video during work time, and on 15 May 2019 he participated in a further “Lord of the Rings” style video at the site gate. The videos were later posted on Facebook by a colleague and were seen by a Meggitt employee, who complained that one video appeared to mock the recent security breach.

The tribunal found that the respondent genuinely believed the claimant had committed misconduct, had reasonable grounds for that belief, and had carried out a reasonable investigation. The claimant accepted that he had filmed the videos and had discussed them in advance with colleagues. The tribunal found that there was little factual dispute, that the claimant had the opportunity to explain his position during the investigation and disciplinary process, and that it was reasonable not to obtain CCTV or a statement from another employee because the claimant had already admitted the core conduct.

On fairness, the tribunal held that the procedure was within the ACAS Code and that the dismissal fell within the range of reasonable responses. It accepted that the claimant had a good disciplinary record and length of service, but held that the proximity of the videos to the failed penetration test and the earlier staff meeting made the conduct highly unprofessional. The tribunal concluded that the respondent was entitled to regard the making of the videos, and the resulting client complaint, as misconduct serious enough to justify dismissal. The unfair dismissal claim was therefore dismissed.

On breach of contract, the tribunal applied the question whether the conduct was a repudiatory breach justifying summary dismissal. It found that the claimant deliberately took part in making the videos after being told of the seriousness of the security failure, and that this undermined the trust and confidence inherent in the employment relationship. The tribunal concluded that the conduct amounted to a repudiatory breach and that summary dismissal was justified, so the breach of contract claim was also dismissed.