Tasneem Kiani v Department for Work and Pensions — 2024

The Claimant was dismissed for admitted access to her son's Universal Credit account in breach of the Respondent's Acceptable Use Policy. The tribunal found that the Respondent had a potentially fair reason for dismissal, namely conduct, and that the decision-makers genuinely believed misconduct had occurred on reasonable grounds because the misconduct was admitted.

The tribunal found the dismissal substantively unfair. Applying the Respondent's policies, dismissal and a final written warning were both possible sanctions for the type of breach, but dismissal was reserved for more severe cases. The decision-makers accepted that the Claimant's motive was benign, that there was no fraud, gain or loss, and that there were significant mitigating factors including ill health, medication effects, disability-related issues, pressure arising from her son's needs, long unblemished service, and prior disclosure to her manager. The tribunal concluded that no reasonable employer would have imposed dismissal in those circumstances.

The tribunal also found procedural unfairness because the Claimant was not given the opportunity to comment on evidence and occupational health material gathered after the disciplinary hearing, and the appeal did not cure those defects. On wrongful dismissal, the tribunal found the conduct was not sufficiently serious to amount to repudiatory breach of contract, so the Respondent was not entitled to dismiss without notice.