Claimant v Bath Spa University Students Union

Outcome

Facts

The claimant, a Senior Finance Co-ordinator employed since April 2017, was dismissed in February 2024 for gross misconduct after IT logs revealed significant discrepancies between her recorded flexi-time hours and actual system login times. The discrepancies totalled approximately 53 hours over an 11-week period, with most occurring when she worked from home (particularly early morning start times claimed on timesheets but not supported by IT logs). Despite being given access to her laptop and multiple opportunities to explain, she could not provide credible evidence of work done during the disputed periods. The claimant struggled with a transition from Google to Microsoft 365 systems and had performance issues prior to the investigation.

Decision

The tribunal dismissed the unfair dismissal claim, finding that the respondent had a genuine belief based on reasonable grounds after a reasonable investigation that the claimant had falsified her timesheets. The tribunal concluded that dismissal for gross misconduct was within the band of reasonable responses. The investigation was thorough, the claimant was given every opportunity to provide an explanation or evidence, and procedural adjustments were made to accommodate her illness. The tribunal rejected the claimant's assertion that her line manager acted with animus.

Practical note

Legal authorities cited