Mr C Kerins v Barclays Bank UK plc — 2020

The claimant was dismissed for gross misconduct following events involving a colleague after a work Christmas party. The respondent did not rely at the tribunal on an allegation that the claimant put codeine in the colleague's drink, because that allegation had not been upheld on appeal. The tribunal considered the unfair dismissal claim by reviewing the employer's process and conclusions, including the appeal stage.

For unfair dismissal, the tribunal criticised aspects of the investigation and disciplinary stage, including delay, the handling of the codeine allegation, and aspects of the dismissing officer's approach. However, it found that the appeal officer took an even-handed approach, narrowed the basis of the decision, and had reasonable grounds for concluding that the claimant's conduct in the hotel room and the kiss amounted to misconduct. It held that dismissal was within the range of reasonable responses given the respondent's standards, policies, and findings about unwanted physical contact and personal space.

For wrongful dismissal, the tribunal made its own findings on the evidence. It found that the claimant's sitting on the colleague's bed and a kiss on the cheek that accidentally touched her lips were unwanted and made her uncomfortable, and therefore amounted to misconduct. It also found the conduct was unintentional, occurred in the context of a close friendship, was a single incident, and was not so serious as to amount to gross misconduct. The wrongful dismissal claim therefore succeeded, and the claimant was awarded 12 weeks' notice losses totalling £12,282.39.