Michelle Fitzpatrick v Westwood Club Limited [2013]

Posted In: Case Law
  • Case Reference
  • Decision Number
  • Legal Body
    Employment Appeals Tribunal (EAT)
  • Type of Claim / Jurisdiction
Issues covered: unfair dismissal; breach of trust; proportionality

The claimant was employed in a sales position within the respondent company. The claimant had received a written warning for the use of her mobile phone in the workplace and also for her failure to follow company policy in respect of sales procedures.

Evidence was produced that the claimant had viewed and printed emails from a computer. These emails belonged to the private work email of the claimant’s line manager. Evidence was adduced and presented to the Tribunal which demonstrated that approximately 75 emails were viewed and printed in a 6.5 minute period. The company was of the view that this action by the claimant amounted to an erosion of trust. The claimant was subsequently dismissed

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This article is correct at 31/10/2014

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