Dr P Orji v University of Brighton — 2020

Dr P Orji brought claims for unfair dismissal and breach of contract after the University of Brighton dismissed him with notice in May 2019. The tribunal found that the respondent's reason for dismissal was some other substantial reason (SOSR), namely a breakdown in trust and confidence arising from the claimant's failure to notify the university that he had been charged with criminal offences and required to attend court. It accepted that the university first learned of the proceedings through social media on 30 January 2019 and rejected the claimant's case that he had told Toni Hilton about the criminal matters in October or November 2018.

On the evidence, the tribunal preferred the respondent's account from the investigation, disciplinary and appeal stages. It found that the claimant did not prove he had disclosed the charges or court attendance before 1 February 2019, and that he should have understood the university's concern was not only the convictions themselves but also the failure to notify, the press coverage, and the operational impact on staff and students. The tribunal held that the investigation was thorough, that the disciplinary process and appeal were within the band of reasonable responses, and that dismissal for SOSR was fair.

The tribunal also noted that the claimant was later acquitted of the criminal convictions on 23 December 2019, but held that this did not make the dismissal unfair because the university was entitled to act on the information before it and the claimant was not dismissed because he had been found guilty. The wrongful dismissal / notice pay claim failed because the claimant's contractual notice period was three months, he was given notice on 9 May 2019 to expire on 12 August 2019, and he was paid during that period while on suspension. The tribunal therefore made no remedy award.