Claimant v Accountancy MK Services Limited
Outcome
Individual claims
The tribunal concluded the real reason for dismissal was the employer's desire to dismiss the claimant before she accrued two years' service, not misconduct. The respondent did not hold a genuine belief based on reasonable grounds after reasonable investigation. There was no prohibition on personal computer use, no performance history issues, and the claimant was not given an opportunity to explain herself. Dismissal was outside the band of reasonable responses.
Withdrawn by claimant at the commencement of the hearing.
Holiday pay claim withdrawn by claimant at the commencement of the hearing.
Facts
The claimant was the only full-time employee of a small accountancy services company from October 2017 until her summary dismissal on 31 July 2023. The respondent alleged misconduct based on personal use of her work computer, installing spyware software to monitor her activity in July 2023. The tribunal found the respondent's evidence unreliable, including diary entries purporting to record performance concerns which the tribunal concluded were created after the fact for tribunal proceedings. The tribunal found the real reason for dismissal was the employer's desire to dismiss the claimant before she accrued two years' service, which the employer wrongly believed would be September 2023.
Decision
The tribunal found the dismissal unfair. The respondent failed to establish a potentially fair reason, as the real reason was to dismiss before the claimant accrued qualifying service, not misconduct. Even if the reason had been conduct, there was no reasonable investigation, no reasonable grounds for belief, and dismissal was outside the band of reasonable responses. There was no prohibition on personal computer use and the claimant was given no opportunity to explain herself. The tribunal awarded a 20% ACAS uplift for failure to follow any procedure and made no reductions for contributory fault or Polkey.
Practical note
Employers who fabricate evidence and documentation for tribunal proceedings face severe credibility issues; tribunals will scrutinise inconsistencies in contemporaneous records and witness evidence to determine the true reason for dismissal.
Award breakdown
Adjustments
20% uplift awarded for failing to follow the ACAS Code. No procedure was followed and the claimant was dismissed without an opportunity to explain herself.
Legal authorities cited
Statutes
Case details
- Case number
- 3311839/2023
- Decision date
- 28 July 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Service
- 6 years
Claimant representation
- Represented
- Yes
- Rep type
- solicitor