Mr M Humphrey v Barclays Execution Services Ltd — 2025

The claimant brought an unfair dismissal claim after being dismissed by the respondent for alleged misconduct. The tribunal identified the relevant issues as whether the principal reason for dismissal was conduct, whether that was a potentially fair reason under section 98 of the Employment Rights Act 1996, and whether dismissal was fair within section 98(4), including whether there had been a fair investigation and a reasonable belief in misconduct.

The tribunal found that the dismissing and appeal managers had a genuine belief in the claimant's misconduct and that the belief was based on a reasonable investigation. It found that the investigation, disciplinary process and appeal process considered relevant witness and documentary evidence and that there was no evidence of bias.

The tribunal concluded that dismissal was within the band of reasonable responses. It found that the claimant had been dishonest about an issue of potentially serious impact, had decided to conceal it and had attempted to persuade a more junior colleague to do the same. The unfair dismissal claim therefore failed and was dismissed.