Mr D Cook v Greenhey Industrial and Marine Engineering Limited — 2023

Mr D Cook worked for Greenhey Industrial and Marine Engineering Limited from 24 July 2000 until his dismissal on 8 November 2021. The case arose after a microphone was found in the wall between Mr Fernandes’ office and the adjoining open-plan office, with a black box next to Mr Cook’s desk. The respondent believed the equipment had been used for covert surveillance of conversations in Mr Fernandes’ office and that information gained in that way had been passed to Mr O’Brien.

The tribunal accepted that a device capable of covert audio surveillance had been located and that the wiring ran back to a box by Mr Cook’s desk. It regarded parts of Mr Sephton’s early investigation as flawed and said he had jumped to conclusions, but it accepted that Greenhey had grounds to suspend and investigate because of the location of the device and the seriousness of the allegation. The tribunal also took account of the fact that Greenhey was a small employer with limited management resources.

Applying section 98 of the Employment Rights Act 1996 and the Burchell test, the tribunal held that Mr Knowles genuinely believed Mr Cook had committed misconduct, had reasonable grounds for that belief, and carried out a reasonable investigation. It found that Mr Cook was given notice of the allegations, disclosure, the opportunity to attend hearings and cross-examine witnesses, and a right of appeal. Although the process took longer than usual, the tribunal held that the disciplinary and appeal process was fair overall and that dismissal for gross misconduct was within the band of reasonable responses.

The complaint of unfair dismissal was therefore dismissed. The separate wrongful dismissal/breach of contract complaint was recorded as dismissed upon withdrawal/non-application after the claimant confirmed it could be treated that way. No remedy hearing or monetary award was recorded in the judgment.