An administrator has had an unfair dismissal claim upheld after being dismissed for using work devices for online shopping during working hours. The case raises important questions about workers’ rights, proper disciplinary processes and employer surveillance.
What Happened
- Employer installed spyware on the employee’s work computer and found she had spent about 2 hours, 33 minutes over two days browsing websites like Amazon, Very, and Rightmove, of which about 1 hour 24 minutes was for personal use.
- The employee, Anna Lanuszka, accepted she had visited those sites during her lunch break and for some other personal reasons.
- She was summarily dismissed in July 2023. The dismissal letter accused her of “private business activities” during work hours, saying this violated the company’s code of conduct.
Why the Tribunal Found in Her Favour
- The tribunal found that many of the company’s claims—performance issues, previous warnings—were poorly documented and in dispute.
- There was no evidence that she had been made aware of the code of conduct or the formal warning claimed to have been given.
- Crucially, the tribunal decided that the real motive for dismissing her might have been to avoid giving her unfair dismissal protection, which she would have been entitled to after two years’ continuous service. The employer was aware of this qualifying period.
Outcome & Compensation
- Anna Lanuszka won her claim for unfair dismissal.
- She was awarded approximately £14,100 in lost earnings.
- The tribunal also penalised the employer for failing to follow the Acas Code of Practice regarding dismissals.
Lessons for Employers & Employees
- Process matters: Employers must ensure disciplinary procedures are fair, transparent, and well documented. Sudden dismissals without prior warnings or hearings risk being ruled unfair.
- Notice and awareness: Employees need to be made aware of codes of conduct or policies beforehand, especially policies covering personal use of work devices and monitoring.
- Service continuity: Employers must not dismiss staff in a manner that appears timed to avoid giving them statutory protections (like the two-year service requirement for unfair dismissal).
- Surveillance and monitoring practices must be handled carefully. Installing spyware without clear policy or consent can backfire in tribunal.
Source: Personnel Today