Dismissal not unfair despite procedural failures and ECHR breach

In Alom v the Financial Conduct Authority [2025] EAT 138, the claimant was summarily dismissed for misconduct relating to an anonymous email to a colleague (which he denied sending) that was considered harassment, and a further email breaching confidentiality regarding the report of his unsuccessful complaint made against the same colleague. The EAT held that the employment tribunal had not erred in dismissing the claimant’s complaints of unfair dismissal, direct discrimination because of race, harassment related to race, and victimisation:

• failure to provide the claimant with interview transcripts did not make the dismissal unfair, as the disciplinary charges related only to the two emails, and the claimant had sufficient information to defend himself

• the content of a ‘script’ prepared by HR for the disciplinary hearing did not show that the dismissing officer had prejudged the matter, as the decision was his alone, and he took into account the claimant’s representations when reaching it

• a search of the claimant’s work computer, that breached the claimant’s rights under Article 8 of the European Convention on Human Rights and was disproportionate, did not impact the fairness of the dismissal, as the respondent did not rely on the resulting report in support of the actual disciplinary charges or decision to dismiss

The EAT also held (applying the guidance in Bangs v Connex South Eastern [2005] IRLR 389, [2005] ICR 763) that the nine-month delay in promulgating the reserved judgment, although excessive, did not point to the conclusion that the claimant had not received a fair hearing or adjudication of his complaints.

Pro Employment Law

Formed in 2017, following significant legislative changes designed to increase competition within the legal services marketplace, Pro Employment Law is a progressive set of barristers’ chambers, consisting only of experienced employment law barristers, offering a full range of specialist advisory, case management, and advocacy services directly to the public through the Public Access scheme. We supply our legal services exclusively in the area of Employment Law to clients located across England & Wales. All of the legal services we supply are covered by professional indemnity insurance with Bar Mutual.