Mr Szabolcs Fekete v Citibank N.A — 2023

Mr Szabolcs Fekete was dismissed by Citibank N.A. after an investigation into an Amsterdam expenses claim submitted on 8 July 2022. The Tribunal found that the claimant had been asked directly by expense approvers whether the meals were all consumed by him, and that he repeatedly answered that they were. It found that those answers were untrue, that he later accepted on 22 August 2022 that some items had been consumed by his partner, and that the claimant did not make a full and frank disclosure at the first opportunity.

On the unfair dismissal claim, the Tribunal applied the statutory conduct dismissal framework under s.98 ERA 1996, together with Burchell and the band of reasonable responses approach in Iceland Frozen Foods. It accepted that the respondent genuinely believed the claimant had committed misconduct, that there were reasonable grounds for that belief based on the email trail, investigation and disciplinary process, and that the investigation was reasonable in the circumstances. The Tribunal found that the claimant was evasive when questioned, that the respondent was entitled to regard the conduct as serious in a highly regulated financial institution, and that dismissal fell within the range of reasonable responses. It therefore dismissed the unfair dismissal complaint.

On wrongful dismissal, the Tribunal held that the claimant’s conduct was sufficiently serious to justify dismissal without notice. It found that the claimant knew he should not have claimed for his partner’s meals, that he had opportunities to correct the position but did not do so, and that the respondent’s Code of Conduct required honesty. The Tribunal also rejected the argument that the contract had been affirmed by the later transfer offer, finding no unequivocal act showing an intention to continue the contract regardless of the alleged breach. The wrongful dismissal complaint was therefore dismissed.