Partial win £1,871 awarded Employment Tribunal · 29 September 2023

Senior legal counsel dismissed for disinstructing law firm without approval

A senior legal counsel who contacted CMS directly about an alleged conflict of interest was fairly dismissed for gross misconduct. The tribunal awarded £1,871.46 for unpaid notice and holiday pay.

1 min read · Last updated 19 May 2026

Case details

Key facts

  • The claimant was employed as Senior Legal Counsel from 1 April 2018 until dismissal on 11 December 2020.
  • The claimant signed off a framework agreement with CMS in April 2019, despite later alleging CMS had a conflict of interest.
  • The claimant contacted CMS in October 2020, alleging a conflict of interest and effectively disinstructing them without full internal consultation.
  • The claimant sent an email to CMS on 6 November 2020 that was not a holding email, contrary to her manager's instruction.
  • The respondent dismissed the claimant for gross misconduct, citing unauthorised activities and damage to trust and confidence.
  • The tribunal found the claimant did not make a protected disclosure and her unfair dismissal claim failed, but she succeeded in part on notice pay and holiday pay.

Timeline

  1. CMS acts for Multiplex against respondent

    CMS served notice of referral to adjudication on behalf of Multiplex, creating a potential conflict of interest.

  2. Claimant signs CMS framework agreement

    The claimant approved a framework agreement for CMS to provide legal services on multiple projects, despite knowing of the Multiplex dispute.

  3. Claimant makes inquiries about Vauxhall Square

    The claimant emailed the project manager for VS without involving Mr Newton, who was responsible for that project.

  4. Disclosure (b) - email to Mr Guan

    The claimant emailed senior management stating CMS had a conflict of interest and suggesting using Taylor Wessing instead.

  5. Disclosures (c) and (d) - meeting and email

    The claimant raised the conflict issue in a meeting with Mr Newton and Mr Zhai, and later confirmed it in an email.

  6. Disclosure (g) - email and call with CMS

    The claimant emailed Mr Guan stating she would terminate CMS's services due to conflict, and had a call with CMS to that effect.

  7. Disclosure (k) - email to colleagues

    The claimant emailed colleagues stating CMS would be disinstructed on most matters, without prior internal agreement.

  8. Claimant sends email to CMS

    Despite being told to send only a holding email, the claimant sent an email reiterating the conflict allegation, which was not a holding email.

  9. Claimant dismissed

    The claimant was dismissed with immediate effect for gross misconduct, including unauthorised activities and disobedience.

  10. Appeal dismissed

    Dr Yang upheld the dismissal, finding the claimant had acted inappropriately and without proper consultation.

The outcome

The tribunal dismissed the claimant's unfair dismissal and whistleblowing claims, finding she had not made a protected disclosure and the employer acted reasonably in dismissing for gross misconduct. However, she succeeded in part on notice pay and holiday pay.

  • Holiday pay: £1,248.85 plus £74.94 pension contribution
  • Notice pay: £516.67 plus £31.00 pension contribution
  • Total: £1,871.46

Lessons & takeaways

  • Raising a concern about a conflict of interest does not automatically qualify as a protected disclosure – it must be in the public interest and made in good faith.
  • Disobeying a direct instruction from your manager, especially in a sensitive matter, can justify dismissal for gross misconduct.
  • Even if you believe you are acting in the company's best interests, you must follow internal procedures and not take unilateral action.

What this case shows in practice

This case highlights the risks for senior employees who take matters into their own hands when they believe there is a conflict of interest. The claimant, a senior legal counsel with 2.5 years' service, became concerned that law firm CMS had a conflict of interest because it was also acting for a competitor. Instead of following internal procedures, she contacted CMS directly, effectively disinstructing them without full consultation with her managers.

What the employer could have done differently

The employer, R&F Properties QS (UK) Co Ltd, dismissed the claimant for gross misconduct after she sent an email to CMS that was not a 'holding email' as instructed. The tribunal found the employer had a genuine belief in her misconduct and followed a reasonable procedure. However, the employer could have avoided the notice pay claim by ensuring proper notice was given.

Why the result matters for similar claims

This case reinforces that whistleblowing protection requires the disclosure to be in the public interest, not just a personal grievance. The claimant's concerns about the conflict were not made in good faith as she had previously signed off the same firm's framework agreement. Employees should be aware that unilateral actions, even if well-intentioned, can lead to dismissal for misconduct.

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