Sales assistant dismissed after flawed investigation: whistleblowing claim fails
A sales assistant with 12 years' service was dismissed for alleged dishonesty on his application form. The tribunal found the investigation was flawed but the dismissal was not because of his protected disclosure.
1 min read · Last updated 18 May 2026
Case details
- #protected-disclosure
- #dishonesty-allegation
- #application-form
- #investigation-bias
- #prejudgment
- #coincidence-timing
Key facts
- The claimant was dismissed for alleged dishonesty on his job application form.
- The application form did not ask for full employment history and the claimant provided his employee number.
- The investigating officer held a prejudiced view based on false allegations about the claimant's past.
- The dismissing officer never looked at the application form and had prejudged the outcome.
- The claimant had made a protected disclosure about employee wellbeing shortly before the investigation.
- The tribunal found the dismissal was not because of the protected disclosure but due to the flawed investigation.
Timeline
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Started employment at John Lewis Peter Jones
Claimant began working at Peter Jones branch as a sales assistant.
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Transferred to Stratford branch
Claimant moved to the Stratford branch and worked there for about 18 months.
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Resigned from Stratford
Claimant resigned during an investigation into a colleague's complaint.
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False allegations circulated
Loss prevention partner emailed false claims about claimant's past, including links to terrorism.
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Manager's negative email
Manager Michael Elliot wrote that claimant should not be retained, citing vocal complaints.
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Former colleague contacted HR
A former Stratford employee falsely reported claimant had been sacked for threats.
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Claimant set up wellbeing group
Claimant emailed Karen Lord about a partner wellbeing group.
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Protected disclosure email
Claimant emailed Karen Lord raising concerns about management causing stress and health risks.
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Investigation into application started
Manager attempted to interview claimant about alleged dishonesty on application form.
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Dismissed for serious misconduct
Claimant dismissed without notice for dishonesty and serious error of judgment.
The legal issue
The tribunal had to decide whether the claimant was automatically unfairly dismissed because he made a protected disclosure about employee wellbeing, or whether the dismissal was for the stated reason of serious misconduct.
The outcome
The tribunal dismissed the claim. It found that the claimant had made a protected disclosure, but the principal reason for dismissal was the alleged dishonesty on the application form, not the disclosure. The investigation was flawed—the investigating officer held a prejudiced view and the dismissing officer had prejudged the outcome—but the decision to dismiss was still within the range of reasonable responses for misconduct.
No compensation was awarded as the claim failed.
Lessons & takeaways
- A flawed investigation does not automatically make a dismissal unfair if the employer genuinely believed in the misconduct.
- Protected disclosures must be the principal reason for dismissal to succeed in an automatic unfair dismissal claim.
- Even if an investigation is biased, a tribunal may still uphold the dismissal if the decision-maker acted on the evidence available.
- Employees should ensure their application forms accurately reflect their employment history, even if the form is ambiguous.
When a whistleblowing claim fails despite a flawed process
This case shows that even when an employer's investigation is biased and the decision-maker has prejudged the outcome, a tribunal may still find the dismissal fair if the reason for dismissal was the misconduct, not the protected disclosure.
The sales assistant had worked for John Lewis for 12 years and had made a protected disclosure about management causing stress and health risks. Just days later, an investigation began into alleged dishonesty on his job application form. The form did not ask for full employment history, and the claimant had provided his employee number. Despite this, the investigating officer held a prejudiced view based on false allegations about the claimant's past, and the dismissing officer never looked at the application form.
What the losing side could have done differently
John Lewis could have avoided the finding of a flawed investigation by ensuring the investigating officer remained impartial and that the dismissing officer reviewed the actual evidence. However, because the tribunal accepted that the decision to dismiss was based on the misconduct—not the disclosure—the claim failed.
Why this matters
This case is a reminder that whistleblowing claims require proof that the disclosure was the principal reason for dismissal. A flawed process alone is not enough. Employees considering a whistleblowing claim should gather evidence linking the disclosure directly to the decision to dismiss.
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