Taylor v Represented by: F Lefevre - Solicitor Dick Flemming Communications Limited — 2019

Nicola Taylor was employed as a Financial Controller and had access to confidential financial information. The tribunal found that the respondent dismissed her for conduct after she discussed the company's bank balance and dividend payments with the office manager, and after she BCC'd her into a sensitive email. It held that the principal reason for dismissal was disclosure of confidential financial information, that the claimant had breached the confidentiality agreement and the first employee handbook's gross misconduct provision, and that the email issue was not the sole basis for dismissal.

The tribunal accepted the managing director's evidence that the office manager was not the claimant's line manager for financial matters and did not have access to the same financial information. It found there was a reasonable basis for the belief that the claimant had disclosed confidential material inappropriately, including because she prefaced the conversation with words to the effect of "between you and me". It also found that the respondent carried out a reasonable investigation and genuinely believed the claimant had committed misconduct.

On procedure, the tribunal held that the disciplinary process and appeal were within the range of reasonable responses. It accepted the respondent's decision to use the first employee handbook, and found it was not unreasonable to appoint an external Peninsula consultant to hear the appeal, even though the consultant later made recommendations rather than a final decision. The tribunal rejected the claimant's arguments about predetermination, her personal circumstances, and alleged procedural unfairness, and concluded that the dismissal was fair.