EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4102001/2017 Held in Glasgow on and March 2018 Employment Judge: M s M Robison JO t) Mr Graham Rocks v British Telecommunications plc — 2018

The claimant was dismissed summarily from his role as a customer services engineer after the respondent investigated allegations that he had registered companies connected with telecommunications services, failed to declare a potential conflict of interest, and made derogatory comments about Openreach online. The claimant accepted that he had registered as a director of Rockscom and created a website, but disputed the seriousness of the allegations and denied knowledge of some online material.

The tribunal found that the respondent had shown conduct as the reason for dismissal. It accepted that the respondent had reasonable grounds for believing misconduct had occurred, including documentary material from BT Security and the claimant's admissions about Rockscom. The tribunal preferred the respondent's evidence where there was conflict and did not accept the claimant's explanations that he lacked knowledge of the LinkedIn and yell.com material.

The tribunal found that the investigation and procedure fell within the band of reasonable responses. It considered the claimant's arguments about his mental health, absence from work, the form of correspondence, delay, and the appeal process, but concluded that further steps were not required in the particular circumstances. It held that dismissal for gross misconduct was within the range of reasonable responses, so the unfair dismissal claim was dismissed.