Claimant v London Borough of Islington

Outcome

Facts

The claimant was employed as a cleaning operative by the respondent local authority from June 2019 to April 2024. He applied to succeed to his relative's council tenancy after the relative died in March 2023, claiming the relative was his uncle and that he had lived with him since 2011. The respondent's housing team investigated and interviewed the claimant under caution. He admitted the relative was actually his parents' first cousin, not his uncle. Multiple pieces of evidence suggested he had not lived at the property continuously as claimed. The respondent dismissed him for gross misconduct for providing false information in the housing application and failing to inform his employer he had been interviewed under caution.

Decision

The tribunal dismissed the unfair dismissal claim. The tribunal found the respondent had a genuine belief in the claimant's gross misconduct, based on reasonable grounds following a reasonable investigation. The respondent's Code of Conduct applied to conduct inside and outside work. The dismissal was within the range of reasonable responses given the seriousness of providing false information in a housing application and the breach of trust and confidence.

Practical note

Legal authorities cited