Kim Bright v Leeds City Council — 2023

The claimant was dismissed for gross misconduct after the respondent concluded that, while supporting a service user, she engaged in a personal relationship which later developed into a romantic relationship. The tribunal found that the claimant's professional work with the family had not concluded when the relationship began, relying on continuing contact including an email to the service user in March 2022, liaison with a school in April 2022, a work meeting in June 2022, and an email to the school in September 2022.

The tribunal found Article 8 was not engaged because the claimant had no reasonable expectation of privacy in entering into a personal relationship with a service user while the respondent's services remained ongoing. It added that, if Article 8 had been engaged, any interference would have been proportionate to the legitimate aim of protecting the public and maintaining professional standards.

On unfair dismissal, the tribunal found that conduct was the reason for dismissal, that the respondent genuinely believed the claimant had breached the Signpost Agreement and Code of Conduct, and that the belief was based on reasonable grounds after a reasonable investigation. The tribunal also found the disciplinary process fair and concluded that summary dismissal fell within the band of reasonable responses. The unfair dismissal complaint was therefore dismissed.