Mr J Calvert v Sequence UK Ltd — 2024

Mr J Calvert was dismissed by Sequence (UK) Limited after the Respondent investigated mortgage and insurance applications he had completed for Client X. The Tribunal found that Mr Calvert had accepted that he had entered inaccurate information on the forms, including answers about employment and UK residence that affected eligibility for the insurance product, and that he had also recorded information on the mortgage application which did not reflect the client's circumstances. The Respondent treated this as conduct and concluded that the inaccurate information exposed customers, the lender, the insurer and the Respondent to risk.

The Tribunal accepted that the Respondent had a genuine belief in misconduct, based on the investigation, Mr Calvert's admissions and the documentary material. It found that the Respondent had carried out a reasonable investigation within the range of reasonable responses, including reviewing other cases, considering the lender and insurer criteria, and taking account of mitigation advanced by Mr Calvert. The Tribunal also found that there were reasonable grounds for the belief, and that dismissal was capable of falling within the range of reasonable responses because the Claimant had provided inaccurate information in more than one case, had previously received training on the relevant standards, and had shown that he was prioritising what he saw as the client's best interests over the Respondent's procedures.

The Tribunal identified one procedural concern: Mr Hitchins proceeded with the disciplinary hearing even though Mr Calvert had not read the investigation report in full, and the Tribunal said a reasonable employer would have adjourned briefly. However, it held that this did not make the dismissal unfair because Mr Calvert still acknowledged the inaccurate information, was given the chance to answer questions, and the substantive conclusions were still reasonably open to the Respondent. The delay in the appeal process was also not enough to render the dismissal unfair. The claim for unfair dismissal was therefore dismissed.