Claimant v Barclays Execution Services Limited

Outcome

Facts

The claimant, a senior employee in Barclays' equity derivatives middle office, discovered a potential client fee calculation error on 22 January 2024. Instead of escalating it, he moved the conversation to unauthorised text messages with a junior colleague (FH), stating the issue could 'open a can of worms' and suggesting they fix only the current quarter and wait until one of them left to raise historical errors. He then sent an email disguising the issue as a process enhancement. FH reported his concerns, triggering a misconduct investigation. The error turned out not to exist, but the tribunal focused on the claimant's attempted concealment and breach of communication policies.

Decision

The tribunal found the dismissal was fair. The employer conducted a reasonable investigation, genuinely believed the claimant committed gross misconduct by attempting to conceal a perceived serious error and coercing a junior colleague, and dismissal was within the band of reasonable responses given the claimant's senior role in a highly regulated financial institution and the complete breakdown of trust.

Practical note

Legal authorities cited