(1) Prof M Clement (2) Mr S Poole v Swansea University — 2022

The tribunal heard the unfair dismissal claims of Prof M Clement and Mr S Poole arising from their July and August 2020 dismissals by Swansea University. The respondent’s case was that both men were dismissed for conduct, namely failures to comply with the university’s conflict of interest policy in relation to the Llanelli Wellness Village project and, to a lesser extent, the Kuwait project. The hearing was liability only, so compensation was not determined.

Applying s.98(2)(b) and s.98(4) ERA 1996, and the Burchell/Iceland Frozen Foods approach to misconduct dismissal, the tribunal found that the respondent genuinely believed misconduct had occurred, had reasonable grounds for that belief, and had carried out a reasonable investigation. It rejected the suggestion that the process was driven by animosity on the part of Mr Rhodes, noting the involvement of external lawyers, an independent investigating barrister, a disciplinary panel chaired by Mr Bleddyn Phillips, and an appeal panel.

As to the Second Claimant, the tribunal accepted that Mr Dickmann had made him an employment offer with salary and equity terms, and found that his communications about the project had often used a personal email account. It also found that his January 2018 declaration of interest was likely backdated, and that he had not sufficiently or promptly disclosed the conflict. In relation to the First Claimant, the tribunal found documentary material showing possible equity or trust-based benefit in the project, but held that his October 2018 declaration referred only to an emergent corporate structure and potential directorships, not the potential shareholding. Both dismissals were held fair and both claims were dismissed.