Mr Timothy Knibbs v Openreach Ltd — 2025

The claimant was dismissed after an anonymous Speak Up disclosure led to an investigation into allegations concerning timesheets, estimate numbers, use of a manager's login, allocation of already completed tasks, and bullying. The disciplinary officer found four charges proven but concluded there was no evidence supporting the bullying allegation. The claimant did not materially dispute the underlying data, but maintained that responsibility lay elsewhere and that his actions had been authorised by line management.

The tribunal found that the disciplinary officer held an honest belief in the claimant's misconduct, had reasonable grounds for that belief, and had carried out as much investigation as was reasonable in the circumstances. It also found that the appeal officer approached the appeal neutrally, considered the evidence and mitigation, made further enquiries, and reasonably rejected the appeal. The tribunal accepted that the claimant's case could be distinguished from other employees investigated in connection with the same disclosure.

The tribunal concluded that dismissal without notice was within the band of reasonable responses and that the dismissal was fair. It further held that the claimant's conduct, including the fraudulent activity found by the respondent, constituted a repudiatory breach of contract, so no notice pay was due and the breach of contract claim was dismissed.