Respondent won Employment Tribunal · 22 August 2023

Senior construction manager dismissed for undisclosed friendships and laptop misuse

A senior project manager was fairly dismissed for gross misconduct after failing to disclose personal relationships with contractors and allowing a friend to use his work laptop. The tribunal rejected his unfair dismissal claim.

1 min read · Last updated 18 May 2026

Case details

Key facts

  • The claimant was dismissed for gross misconduct after arranging payments to a friend and allowing access to his laptop.
  • The claimant failed to disclose his personal friendship with a contractor to his line manager.
  • The claimant used company letterhead to provide a character reference for a friend.
  • The claimant did not obtain a non-disclosure agreement for a contractor who accessed his laptop.
  • The dismissing officer found the claimant's conduct fell below the standard expected of a senior manager.

Timeline

  1. Employment started

    The claimant began employment with Ocado Central Services Limited as a Senior Construction Project Manager.

  2. Payment to Mr Davis

    The claimant paid £200 to Mr Davis from his own pocket and arranged for supplier Elco to repay him.

  3. Laptop access for Mr Davis

    The claimant allowed Mr Davis to use his Ocado laptop to create a CV and invoice template.

  4. Engagement of Ms Bates

    The claimant engaged Ms Bates to provide admin support without disclosing their friendship to his line manager.

  5. Allegation of financial impropriety

    A supplier alleged that the claimant and another manager demanded £14,800 as payment.

  6. Suspension

    The claimant was suspended on full pay pending investigation.

  7. Investigation concluded

    The investigation found insufficient evidence of financial impropriety but uncovered policy breaches.

  8. Disciplinary meeting

    The first disciplinary meeting was held to discuss alleged policy breaches.

  9. Dismissal

    The claimant was dismissed for gross misconduct due to breaches of conflict of interest, confidentiality, and other policies.

The outcome

The tribunal dismissed the claim, ruling that Ocado Central Services Limited acted fairly in dismissing the senior construction project manager for gross misconduct.

Key reasons:

  • The investigation uncovered clear policy breaches: arranging payments to a friend, allowing laptop access without a non-disclosure agreement, and failing to disclose a personal relationship with a contractor.
  • The dismissing officer reasonably concluded that the claimant's conduct fell below the standard expected of a senior manager.
  • The claimant's suggestion that the dismissal was motivated by bullying from his line manager was not supported by evidence.

No compensation was awarded as the dismissal was fair.

Lessons & takeaways

  • Senior employees are held to higher standards of conduct; failing to disclose personal relationships with contractors can amount to gross misconduct.
  • Allowing anyone to use your work laptop without a signed non-disclosure agreement is a serious breach of confidentiality policy.
  • If you believe you are being bullied, raise a formal grievance early rather than relying on it as a defence after dismissal.
  • Employers can fairly dismiss for policy breaches even if the original allegation (e.g. financial impropriety) is not proven.

What this case shows in practice

This case illustrates how a senior employee's seemingly minor shortcuts can lead to dismissal for gross misconduct. The claimant, a Senior Construction Project Manager with three years' service, was overworked and sought help from friends. He paid one friend £200 from his own pocket and arranged for a supplier to reimburse him, allowed another friend to use his work laptop to create a CV and invoice template, and engaged a third friend for admin support without disclosing the relationship to his line manager. These actions breached Ocado's policies on conflict of interest, confidentiality, acceptable use, and non-disclosure agreements.

What the losing side could have done differently

The claimant argued that his line manager had approved these arrangements, but the tribunal found no evidence to support this. A simple email to his manager disclosing the friendships and seeking approval could have prevented the dismissal. Similarly, obtaining a non-disclosure agreement before allowing laptop access would have addressed the confidentiality breach. The claimant's failure to follow basic compliance procedures, despite being a senior manager, was fatal to his case.

Why the result matters for similar claims

This decision confirms that tribunals will uphold dismissals where an employer has carried out a reasonable investigation and genuinely believes the employee committed gross misconduct. Even though the original allegation of financial impropriety was not proven, the investigation uncovered other serious policy breaches that justified dismissal. For employees, the message is clear: seniority brings responsibility, and cutting corners on compliance can cost you your job.

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