Mr B Johnson v Santander UK plc — 2023

The claimant brought a claim of unfair dismissal after being dismissed for conduct. The respondent relied on allegations that he operated an outside business without appropriate permission, that substantial sums passed through his personal and business accounts, and that he had abused the Bounce Back Loan Scheme. The tribunal found that the respondent had shown conduct was the reason for dismissal, that it believed the allegations were established on reasonable grounds, and that dismissal was within the range of reasonable responses.

The tribunal found the dismissal unfair because of cumulative procedural problems in the investigation. These included lack of procedural rigour, unclear internal procedures, giving the claimant minimal notice of the investigatory interview without support in written policy, non-disclosure of the SIU report until the hearing, repackaging of that report by HR, departure from written policy about SIU attendance at the disciplinary hearing, and further appeal enquiries on which the claimant had no opportunity to comment.

On remedy, the tribunal found that a fair dismissal would have occurred in any event and that the procedural defects did not affect the timing of dismissal. It also found that the claimant had engaged in culpable and blameworthy conduct contributing to the dismissal. The compensatory award was reduced by 100% on Polkey principles, and both basic and compensatory awards were reduced by 100% for contribution, leaving no award payable.