16-year service, one clear breach: dismissal for gross misconduct upheld

A single clear breach can outweigh years of good service

This case shows that even a dedicated employee with 16 years of unblemished service can be fairly dismissed for a single serious policy breach. The claimant, a senior customer advisor, was dismissed after a compliance audit revealed four incidents of 'forced churn' transactions. While the tribunal found that three of the four allegations were not reasonably found to be misconduct, the fourth—creating two separate customer accounts (BANs) for the same person—was a clear and deliberate breach of a fundamental rule. The employer, EE Limited, had a genuine belief in that misconduct, based on a reasonable investigation.

What the employer did right

The tribunal noted that the employer conducted a thorough investigation, gave the claimant opportunities to be accompanied, and considered her long service and personal circumstances, including her caring responsibilities for ill parents and the stress she was under. However, the seriousness of the breach—which could have led to financial loss and reputational damage—meant that dismissal was within the range of reasonable responses. The appeal process was also fair, with further investigation before upholding the decision.

What this means for similar claims

For employees, this case is a reminder that long service and personal difficulties do not automatically protect against dismissal for gross misconduct. The key question is whether the employer acted reasonably, not whether the tribunal would have made the same decision. For employers, it highlights the importance of separating allegations and ensuring that any single breach relied upon for dismissal is clearly established and serious enough to justify the outcome.