Tax Official Wins Unfair Dismissal Claim After Spying on Employee's Greggs Trips
An employment tribunal ruled HMRC's investigation into manager Ka Wong was flawed, leading to his unfair dismissal.
A former HM Revenue and Customs (HMRC) manager, Ka Wong, has successfully claimed unfair dismissal after being sacked for his strict management style, which included monitoring an employee's breaks for suspected trips to the bakery chain Greggs. Wong was accused of bullying, discrimination, and sexual harassment by staff who were accustomed to a more relaxed work environment.
Flawed Investigation and Dismissal
An employment tribunal found that HMRC's investigation into Wong was of "poor quality" and "devoid of cogent reasoning." The tribunal determined that HMRC had effectively decided to dismiss Wong before the investigation was complete, despite an initial suggestion that his conduct warranted only a final written warning. Wong, who joined HMRC in July 2021 and took charge of a new customer service team in April 2023, had no prior complaints from other teams he managed. His strict approach, which involved closely monitoring his team and holding them accountable, led six employees to lodge a joint grievance within three months of his tenure.
Among the allegations were claims of bullying, discrimination, and sexual harassment. Specifically, Wong was accused of monitoring an employee he suspected of abusing her breaks to move her car and visit Greggs. Other accusations included showing a colleague a video of a seagull eating a rat and being "touchy feely" or "looking them up and down." However, a significant turning point occurred when one of the employees withdrew his complaint, expressing doubts about the veracity of the allegations and suggesting the joint complaint was manipulated.
Unraveling Allegations and U-Turn Decision
Despite this employee's concerns and the investigators' failure to interview him about his doubts, the investigation proceeded. The tribunal later criticized the investigation for favoring the accusers' accounts without adequately justifying why their evidence was considered more credible. By November 2023, half of the allegations against Wong were dropped, including the complaints about sexual harassment and his monitoring of break times.
William Pettigrew, the manager responsible for the dismissal decision, initially concluded that the remaining misconduct did not warrant dismissal and prepared draft letters indicating a final written warning. However, in a subsequent turn of events, Pettigrew contacted an external body, Employer Alignment Submission (EAS), which manages staff records at HMRC. Following this contact, a sexual harassment allegation that had been dismissed was suddenly treated as proven, and bullying allegations were broadly accepted without clear explanation for the change in stance.
Wong appealed his dismissal internally, but the decision was upheld, leading him to take the case to an employment tribunal. Employment Judge Callum Cowx ruled in Wong's favor, stating that his management style, while "zealous" and "blunt," could have been addressed with "constructive management intervention and guidance." The judge concluded that if HMRC had handled the complaints fairly and competently, the outcome would have been different. The judge also found that the final decision-makers attempted to disguise the predetermined nature of Wong's dismissal and that EAS had overstepped its authority. Wong was awarded compensation for wrongful dismissal, though claims of direct and indirect sexual orientation discrimination and harassment were rejected.