Tax Official Wins Unfair Dismissal Claim After Monitoring Employee's Greggs Trips

An HM Revenue and Customs (HMRC) manager who was dismissed for alleged bullying, discrimination, and sexual harassment has successfully won an unfair dismissal claim after an employment tribunal found the investigation into his conduct to be of poor quality and lacking clear reasoning. Ka Wong, who took charge of a new team of customer service advisers in April 2023, was accused by six employees of a 'no-nonsense' management style that contrasted sharply with their previous manager's more relaxed approach.

Among the grievances lodged was an accusation that Mr. Wong had been monitoring an employee's breaks, suspecting her of using the time to move her car and visit the popular bakery chain Greggs. Mr. Wong defended his actions by stating he had evidence that the employee, Ms. Mohammed, was engaging in activities outside the intended purpose of her breaks. Other allegations included showing a colleague a video of a seagull eating a rat and being 'touchy feely' with staff.

However, the case against Mr. Wong began to falter when one of the employees withdrew his complaint, expressing doubts about the veracity of his own and others' testimonies. This employee suggested the joint complaint against Mr. Wong might have been the result of manipulation by two of the involved employees. The tribunal noted that investigators failed to interview this employee about his concerns, overlooking a significant line of questioning.

An investigation criticized for favoring the accounts of complaining employees without adequately justifying their credibility led to a disciplinary hearing in November 2023. At this stage, half of the allegations against Mr. Wong, including the sexual harassment claims and the monitoring of trips to Greggs, were dropped. William Pettigrew, the manager responsible for the decision, initially concluded that the remaining misconduct did not warrant dismissal and prepared draft letters proposing a final written warning.

In an unexpected turn, the final decision issued on December 4, 2023, stated Mr. Wong was dismissed for gross misconduct. The tribunal learned that Mr. Pettigrew had contacted Employer Alignment Submission (EAS), a body managing HMRC staff records, between the preparation of the draft letters and the final decision. Following this contact, a previously dismissed sexual harassment allegation was treated as proven, and bullying allegations were accepted broadly without detailed explanation. The judge found that those involved attempted to conceal that Mr. Wong's fate had already been decided.

Employment Judge Callum Cowx ruled in Mr. Wong's favor, stating that while Mr. Wong was a zealous and blunt manager who could have benefited from guidance, HMRC's handling of the complaints was flawed and predetermined. The judge concluded that any provable wrongdoing on Mr. Wong's part was minor and could have been addressed informally or with a formal warning. Mr. Wong successfully brought a claim for wrongful dismissal, though his claims of direct and indirect sexual orientation discrimination and harassment were rejected. Compensation will be determined at a later date. Mr. Wong had previously managed other teams for almost two years without any complaints before taking charge of his new team in April 2023.