Office manager dismissed after flawed investigation: loss of trust and confidence
A Reading tribunal found that Bartco Ltd unfairly dismissed its office manager after a flawed investigation and pre-determined decision, awarding £11,932.17.
1 min read · Last updated 18 May 2026
Case details
- #loss-of-trust-and-confidence
- #flawed-investigation
- #acas-code-uplift
- #contributory-conduct
- #small-employer
- #inconsistent-treatment
Key facts
- The claimant worked as Office Manager from 3 April 2017 until dismissal on 17 November 2020.
- The respondent is a small vehicle repair business with nine employees and no HR specialist.
- The claimant was furloughed from 20 April 2020 under a contractual lay-off clause due to COVID-19.
- The respondent's director, Mr Bartlett, lost trust and confidence in the claimant by September 2020 and decided to dismiss her before a fair investigation.
- The investigation and disciplinary process were flawed: the claimant was not given documents in advance, her explanations were not explored, and the decision-maker had a closed mind.
- The claimant was awarded £11,932.17 for unfair dismissal, comprising a basic award of £2,250 and a compensatory award of £9,682.17 after a 10% reduction for contributory conduct and a 15% ACAS uplift.
Timeline
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Employment started
The claimant commenced employment as Office Manager for Bartco Ltd.
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Lockdown announced
The Prime Minister announced a national lockdown due to COVID-19. The claimant took a computer home to work from home.
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Furlough letter sent
The claimant received a letter placing her on lay off from 20 April 2020 under clause 8 of her contract. She implicitly agreed.
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Police report
Mr Bartlett reported the claimant to the police regarding payments to Safe 4 Kids charity.
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Investigation meeting
An investigation meeting was held. The claimant provided a written statement but was not given documents in advance. The meeting lasted 20 minutes.
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Disciplinary hearing and dismissal
At the disciplinary hearing, the respondent read a pre-prepared statement dismissing the claimant without giving her a chance to speak. The effective date of termination was 30 November 2020.
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Appeal/grievance letter
The claimant wrote a letter that was treated as an appeal. The respondent invited her to an appeal, but she refused to attend.
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ACAS early conciliation started
The claimant began the ACAS early conciliation process.
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Claim presented
The claim form was presented to the Employment Tribunal.
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Liability hearing
The Tribunal heard evidence on liability over four days.
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Remedy hearing
The Tribunal held a remedy hearing and determined the final award.
The legal issue
The tribunal had to decide whether the employer acted reasonably in dismissing the office manager for loss of trust and confidence, given the flawed investigation and lack of procedural fairness.
The outcome
The tribunal upheld the unfair dismissal claim, finding that the employer's director had lost trust and confidence by September 2020 and decided to dismiss before any proper investigation. The subsequent investigation and disciplinary hearing were flawed: the claimant was not given documents in advance, her explanations were not explored, and the decision-maker had a closed mind.
Compensation was reduced by 10% for contributory conduct and increased by 15% for the employer's failure to follow the ACAS Code of Practice on disciplinary procedures.
- Basic award: £2,250
- Compensatory award: £9,682.17
- Total: £11,932.17
Lessons & takeaways
- Small employers without HR support must still follow a fair process — a closed mind and pre-judgment will make a dismissal unfair.
- Failing to give an employee documents in advance or to listen to their explanations at a disciplinary hearing is a clear procedural failure.
- A 15% uplift can be applied if the employer unreasonably fails to follow the ACAS Code of Practice on disciplinary procedures.
- Contributory conduct can reduce compensation, but only if the employee's own actions genuinely contributed to the dismissal.
When trust is lost before the investigation begins
This case shows how a small employer's decision to dismiss for loss of trust and confidence can go badly wrong when the process is rushed and the outcome is pre-determined. The office manager had worked for Bartco Ltd for three years before being furloughed during the pandemic. By September 2020, the director had already decided he no longer trusted her, and the subsequent investigation and disciplinary hearing were little more than formalities.
The tribunal found that the director had a closed mind from the start. The investigation meeting lasted only 20 minutes, the claimant was not given documents in advance, and her written explanations were not properly considered. At the disciplinary hearing, the director read a pre-prepared statement dismissing her without giving her a chance to speak. This was not a fair process.
What the employer could have done differently
Bartco Ltd could have avoided this outcome by following basic principles of fairness. Even a small business without an HR specialist should give an employee advance notice of the allegations, allow them to see and respond to the evidence, and genuinely consider their explanations before making a decision. The director should have kept an open mind and not decided to dismiss before the investigation was complete.
Why this matters for similar claims
This case is a reminder that the 'range of reasonable responses' test applies to all employers, regardless of size. A pre-determined decision and a sham process will almost always make a dismissal unfair. However, the 10% reduction for contributory conduct shows that the tribunal will still consider whether the employee's own actions played a part. The 15% ACAS uplift also highlights the importance of following the ACAS Code — failure to do so can increase the compensation payable.
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