E.T. Z (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case no 4102368/2017 Held at Glasgow on 20, and December 2017 Employment Judge: W A Meiklejohn (sitting alone) Mr Edward Alistair Woolley v Sky Subscribers Services Limited — 2018

The claimant was dismissed after allegations that he had engaged in inappropriate conduct towards a member of his team, A, which the respondent considered could amount to sexual harassment. The allegations included placing a letter with sexual content in A's locker, mouthing the word "wow" in relation to her clothing, and making sexual comments despite being asked to stop. The claimant initially described the relationship as father/daughter in nature and later, on appeal, said it had been a consensual relationship.

The tribunal found that the respondent had shown the reason for dismissal related to conduct. It accepted that the dismissing officer genuinely believed the claimant was guilty of the allegations and had reasonable grounds for that belief, including the letter, the claimant's equivocal answers, the statements from team members, and A's complaint. The tribunal also found that the respondent had carried out as much investigation as was reasonable in the circumstances, including investigation, disciplinary and appeal stages.

The tribunal concluded that dismissal for gross misconduct fell within the band of reasonable responses and that the procedure adopted was fair. It held that the respondent was entitled, on the evidence available after a reasonable investigation, to decide that the claimant had been guilty of sexual harassment of A and that this amounted to gross misconduct. The unfair dismissal claim therefore failed.