Claimant v Boots Opticians Professional Services Limited
Outcome
Individual claims
The tribunal found the respondent had a genuine and reasonable belief based on proper investigation that the claimant committed gross misconduct by accessing a customer's telephone number and using it for personal WhatsApp contact unrelated to her glasses order. The investigation was adequate, the belief was formed on reasonable grounds, and dismissal fell within the band of reasonable responses given the serious GDPR breach and breach of trust.
The tribunal concluded that a hypothetical white male comparator in the same circumstances would have been treated identically and dismissed. There was no evidence whatsoever that the decision-makers were influenced by the claimant's race (African origin and black) or any racial factor. The claim was not well founded.
The claimant's contract limited payment for outstanding holiday on summary dismissal to £10 gross, which was paid. The tribunal found this fell within Regulation 14(3)(a) of the Working Time Regulations, which permits contractual agreement on payment in lieu. The claim was therefore not well founded.
Facts
The claimant, an Optical Consultant employed since 2016, assisted a customer purchasing safety glasses on 18 April 2024. The customer provided her telephone number solely for Boots to contact her when the glasses were ready. The claimant obtained this number and contacted the customer via WhatsApp the following day and again on 19 April with personal messages unrelated to her order, asking what she was studying. The customer complained to Boots Customer Services, stating she was worried about her safety as the claimant also had access to her home address. Following investigation and disciplinary process, the claimant was summarily dismissed on 7 May 2024 for gross misconduct—breaching the GDPR policy by accessing and using customer data for personal purposes.
Decision
The tribunal dismissed all claims. The dismissal was fair: the respondent had a genuine and reasonable belief following adequate investigation that the claimant committed gross misconduct by misusing customer data, and summary dismissal fell within the band of reasonable responses. The race discrimination claim failed as there was no evidence race played any part in the decision. The holiday pay claim failed because the contract lawfully limited payment on summary dismissal to £10, which had been paid.
Practical note
Misuse of customer personal data for personal contact, even if well-intentioned, constitutes gross misconduct justifying summary dismissal, and contractual limits on accrued holiday pay on summary dismissal can be enforceable under the Working Time Regulations.
Legal authorities cited
Statutes
Case details
- Case number
- 3306235/2024
- Decision date
- 6 August 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Optical Consultant
- Service
- 8 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister