Ms Lorraine Daisley v Represented by Mr B McKinlay Solicitor Branchton Community Centre Association — 2026

Ms Lorraine Daisley was employed by Branchton Community Centre Association from 2001 as an administrator with responsibility for office finance, petty cash, banking and related records. After whistleblowing complaints about financial irregularities, Inverclyde Council carried out an internal audit and then asked Mr William Rice to investigate. The audit and investigation identified discrepancies in petty cash, cash held in the safe and transactions involving the over-55s account. The claimant accepted some errors, and Mr Wilson had authorised transfers to her personal account on two occasions, but the tribunal found the central issues were that money could not be traced back into the respondent's accounts, reimbursements had not been made, and records remained unexplained.

The disciplinary hearing took place on 8 November 2018 before Ms Alison Haughey, who concluded that the actions constituted gross misconduct and that trust and confidence had been lost. Dismissal was confirmed in writing on 23 November 2018. The tribunal held that the reason for dismissal was gross misconduct involving theft and fraud and a serious breach of trust and confidence. It accepted the documentary record, Mr Rice's investigation and the evidence from the respondent's witnesses, and it found the investigation was thorough and that the claimant had been given ample opportunity to explain matters but did not add anything material at the disciplinary hearing.

On appeal, Ms Michelle McIlroy considered the papers, the claimant's written appeal material and the mitigation concerning the claimant's father's illness and death, after several postponements because the claimant was unwell. The appeal was not upheld on 3 September 2019. The tribunal held that the appeal procedure was reasonable in the circumstances and that the respondent had acted within the band of reasonable responses. Applying section 94 and section 98 of the Employment Rights Act 1996, the Burchell test and the Iceland Frozen Foods approach, it dismissed the unfair dismissal complaint. It also dismissed the separate notice claim because the dismissal was for gross misconduct.