Mr J Penfold v Department of Work and Pensions — 2025

The claimant was dismissed following allegations that he had accessed his ex-partner's records without a legitimate business reason or appropriate authorisation. The tribunal found that conduct was the reason for dismissal, that the respondent carried out an investigation and disciplinary process, and that the decision maker reasonably rejected the claimant's explanation that the access was accidental.

The tribunal found that dismissal fell within the reasonable range of responses, having regard to the respondent's decision-making matrix, HR guidance, and the decision maker's consideration of mitigation and alternative sanctions. It also found that the procedure was fair, including the investigation, disciplinary hearing, postponements requested by the claimant, and appeal.

On the breach of contract claim, the tribunal found that the respondent's stress at work documents were policies and guidance rather than contractual terms. Although the respondent accepted that there had been no follow-up review of the stress management plan, the tribunal found that the claimant had no contractual entitlement to the plan or risk assessment alleged.