Mr J McGuinness v Sky Subscribers Services Limited — 2026

Mr McGuinness was dismissed with immediate effect on 31 July 2025 for gross misconduct after accessing his father-in-law’s customer account on two occasions and applying discounts to which the account holder was not entitled. He admitted accessing the account and applying the discounts. The tribunal found that Sky Subscribers Services Limited believed him guilty of misconduct and had reasonable grounds for that belief.

Applying British Home Stores Ltd v Burchell, the tribunal found that the respondent had conducted a reasonably thorough investigation and a fair disciplinary and appeal process. It rejected the alleged procedural defects concerning the refusal to call witnesses, continuation of the disciplinary process before the separate grievance was concluded, the timing of the reconvened hearing following sick leave, and the investigation of the claimant’s later explanation for accessing the account.

The tribunal distinguished the gross-misconduct allegation of directly accessing a personal connection’s account from the separate allegation concerning use of the Offer Add Tool on other accounts. It found that the examples advanced about workplace practices concerned the latter type of conduct and did not require further investigation when deciding the allegation that led to dismissal. Taking account of the claimant’s length of service, clean disciplinary record, personal circumstances, management responsibilities and the two instances of access, the tribunal held that dismissal fell within the range of reasonable responses. The unfair dismissal claim was dismissed, and the judgment records no remedy award.