Employee fairly dismissed after hiding previous dismissal for gross misconduct

Mr Easton applied for a position with the Border Force (Home Office) and in his application form, he only listed years in the employment history section. As a result, Mr Easton concealed a three-month gap after being dismissed for gross misconduct from a previous Home Office role. Mr Easton also failed to disclose this information during his interview.

In May 2020, after Mr Easton was hired by the Home Office, they discovered that he was previously dismissed for gross misconduct involving inappropriate behaviour towards females and temper issues.

After a thorough disciplinary investigation, the Home Office concluded that he had deliberately withheld relevant information and dismissed him for gross misconduct. Mr Easton brought a claim for unfair dismissal, arguing that he was penalised for not providing details that were not explicitly requested.

Th Employment Tribunal found that the dismissal was fair and that a reasonable applicant would understand that the employment history section required full disclosure, including gaps, meaning that the decision of the Home Office fell within the band of reasonable responses. The Employment Tribunal also found that Mr Easton agreed to the following declaration: “I understand my application may be rejected or I may be subject to disciplinary action if I’ve given false information or withheld relevant details.”

Mr Easton appealed the decision, however the Employment Appeal Tribunal agreed with the decision, meaning that Mr Easton’s dismissal was fair.  

Whilst this case demonstrates that the employer was able to fairly dismiss an employee, it is vital that the reason for the dismissal is fair. At Buxton Coates Solicitors, we can provide you with specific advice on dismissing an employee, including what constitutes a fair reason for dismissal, the process to follow when dismissing an employee and any risks involved with the dismissal. If you are considering dismissing an employee and you are unsure if you have a fair reason for dismissal, please contact the Employment Team on 0330 088 2275 or employment@buxtoncoates.com.