Ward manager dismissed after CCTV probe into working hours: wrongful dismissal but not unfair
A ward manager with 12 years' service was dismissed for gross misconduct after the trust used CCTV and fob records to investigate her hours. The tribunal found the dismissal fair but awarded £10,269.96 for breach of contract — she should have received notice pay.
2 min read · Last updated 18 May 2026
Case details
- #long-term-sickness
- #flexible-working
- #cctv-evidence
- #delay-in-procedure
- #breach-of-contract-notice
Key facts
- The claimant was employed as a ward manager from 20 July 2009 until dismissal on 30 March 2021.
- The claimant had disabilities including PTSD, anxiety, and depression, which were accepted by the respondent.
- The claimant made a flexible working request in September 2018 to work four days a week, which was refused.
- The respondent investigated the claimant's working hours using CCTV and fob records, leading to dismissal for gross misconduct.
- The tribunal found the claimant was not unfairly dismissed but was wrongfully dismissed without notice.
- The claimant was awarded £10,269.96 for breach of contract (12 weeks' notice).
Timeline
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Employment started
Claimant began employment as a ward manager.
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Flexible working request
Claimant requested to work four days per week.
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Flexible working request refused
Ms Fenna refused the request.
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Flexible working appeal rejected
Ms McCormack upheld the refusal.
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Fact-finding started
Ms Fenna began investigating claimant's hours using CCTV and fob data.
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Claimant went on sick leave
Claimant absent due to serious health issue until September 2019.
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Formal investigation notified
Claimant informed of investigation into alleged failure to work contracted hours.
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First investigatory interview
Claimant interviewed face-to-face.
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Second investigatory interview
Claimant shown CCTV footage, which she found triggering.
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Disciplinary hearing (day 1)
Hearing commenced, then adjourned.
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Dismissal
Claimant dismissed with immediate effect for gross misconduct.
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Appeal dismissed
Appeal panel upheld dismissal.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed for misconduct, whether the respondent discriminated against her due to disability, and whether she was wrongfully dismissed without notice.
The outcome
The tribunal dismissed the unfair dismissal claim, finding the trust acted within the range of reasonable responses. However, it upheld the breach of contract claim, ruling that the claimant was entitled to 12 weeks' notice pay.
- Breach of contract: £10,269.96 (12 weeks' gross pay)
- All other claims: dismissed (including disability discrimination, victimisation, and detriment for flexible working request)
Lessons & takeaways
- Employers can use CCTV and other monitoring evidence to investigate suspected misconduct, but they should consider whether less intrusive steps could address the issue first.
- Long-serving employees are still subject to fair dismissal for misconduct, but employers must ensure they follow a proper procedure and genuinely believe in the misconduct.
- A dismissal can be fair (for conduct) but still wrongful if the employer fails to give contractual notice — employees may be entitled to notice pay even if dismissed for gross misconduct.
- Disability discrimination claims must be brought within three months of the act complained of; delays can bar claims even if the employer's actions were disadvantageous.
A long-serving manager caught on camera
This case shows how an employer's use of surveillance evidence can lead to a dismissal that is legally fair but still leaves the employer liable for notice pay. The ward manager had worked for the NHS trust for 12 years and had a disability accepted by her employer. After her flexible working request was refused, the trust began investigating her hours using CCTV and fob records — eventually dismissing her for gross misconduct.
The tribunal accepted that the trust genuinely believed she had failed to work her contracted hours and that the investigation and disciplinary process were reasonable in the circumstances. But it drew a line at the decision to dismiss without notice. Because her conduct did not amount to a fundamental breach of her employment contract, she was entitled to 12 weeks' notice pay — just over £10,000.
What the trust could have done differently
The tribunal noted that the trust could have avoided the breach of contract claim by giving notice or paying in lieu. More broadly, the trust might have avoided the entire dispute by discussing concerns about hours informally before resorting to CCTV. The tribunal found that the failure to use an informal procedure placed the claimant at a substantial disadvantage due to her disability — but that claim was out of time.
For employees, this case is a reminder that a fair dismissal for misconduct does not automatically mean the employer can skip notice. If the employer's process is sound but the misconduct is not so serious as to justify summary dismissal, the employee may still be owed pay in lieu of notice.
Why the result matters
This judgment highlights the distinction between unfair dismissal (about process and reasonableness) and wrongful dismissal (about contractual rights). Even where an employer's conduct is found to be within the range of reasonable responses, they can still be ordered to pay damages for failing to give proper notice. For anyone considering a similar claim, the key takeaway is that both the fairness of the dismissal and the contractual entitlement to notice are separate questions — and you can win on one even if you lose on the other.
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