Mr J Long (Union Representative) For the v Respondent — 2019

The claimant, Mr D Mott, was employed by First Community Health and Care C.I.C. as Head of Information Management and Technology and Estates. After he failed to attend work on 12 September 2018, he told the respondent that he had been arrested and taken into custody that morning. He later said the matter was not work-related, referred to "porn of the worst kind", and told his manager that he had received an email attachment containing indecent images of children. He was suspended on full pay and the matter was referred to the local authority designated officer.

The tribunal found that the respondent later received confirmation from police officer PC Kemp that the claimant had been arrested for possession of indecent images of children and that police evidence existed. The police letter recorded that the claimant had made a full admission and had been bailed with a condition relating to unsupervised contact with children. The respondent decided not to hold a separate disciplinary hearing, relying on the police information, the claimant's messages, the seriousness of the allegation, his senior role with access to IT systems and safeguarding data, and the risk to trust and confidence, safeguarding, and reputation.

On the unfair dismissal claim, the tribunal held that the reason for dismissal was some other substantial reason. It found that the respondent had reasonable grounds for that belief and had carried out as much investigation as was reasonable in the circumstances. The tribunal accepted that the absence of any disciplinary hearing made the initial process unfair, but concluded that the appeal process was detailed, open-minded, and capable of curing that defect overall. It therefore decided that the dismissal was procedurally fair and also fell within the range of reasonable responses.

The tribunal noted that, had it found the dismissal unfair on procedural grounds, it would have applied a 100% Polkey reduction to any compensatory award and an equivalent reduction to the basic award for contributory fault. The wrongful dismissal claim was withdrawn by the claimant and dismissed on that basis.