Mr N W Burke v Chief Constable of Essex Police — 2021

Mr Burke was employed as a Police Community Support Officer by Essex Police for 17 years. The tribunal found that he was summarily dismissed on 23 June 2020 for two proven misconduct allegations: first, that on 20 July 2017 he accessed STORM records relating to his grandson for a non-policing purpose and continued to view the log after recognising the subject was a family member; second, that in a family court statement dated 14 November 2019 he made false statements about alleged harassment and about having seen a colleague’s PNB entry, later giving inconsistent accounts and admitting that his statement was false.

Applying section 98(2) and section 98(4) ERA 1996 and asking whether dismissal fell within the band of reasonable responses, the tribunal held that the respondent had a genuine belief on reasonable grounds that misconduct had occurred, based on the complaint, the STORM audit, the investigation report and the claimant’s own admissions. It found that once Mr Burke realised the missing person was his grandson, he was required to report the personal connection and could not continue accessing the system as he did. It also found that the family court account was untrue both as to the content of the PNB entry and the source of the information.

The tribunal rejected the claimant’s criticisms of the investigation and appeal. It found that the investigation was comprehensive and proportionate, that the claimant knew the case he had to answer, and that there was no procedural unfairness in the disciplinary process or the appeal. It accepted that the decision-makers considered mitigation, including the claimant’s long service and personal difficulties, but concluded that the proven misconduct amounted to gross misconduct justifying summary dismissal without notice. Both the unfair dismissal and wrongful dismissal claims were dismissed, and no monetary remedy was awarded.