MacKenzie Taylor Asset Management Ltd

Case Summary

The claimant claimed unfair dismissal from her position at a small financial management firm regulated by the FCA. The tribunal found that the employer had a genuine and reasonable belief, based on a fair investigation, that the claimant was guilty of gross misconduct including interfering with work phone data, illegally accessing the employer's computer to photograph confidential and legally privileged emails, and unauthorised disclosure of confidential information. The tribunal concluded the dismissal fell within the band of reasonable responses and was fair.

The tribunal found the respondent conducted a fair investigation, held genuine and reasonable grounds for belief in the claimant's misconduct (particularly the serious conduct of illegally accessing the employer's computer and photographing confidential legally privileged emails), followed a fair procedure with an independent appeal officer, and that summary dismissal was within the band of reasonable responses available to a reasonable employer for the conduct proved.

Use these claim-type pages to compare this decision with other published tribunal cases, outcome patterns, and visible award data.

• •Whether the dismissal was fair under section 98(4) of the Employment Rights Act 1996
• •Whether the claimant was guilty of misconduct (allegations included interfering with work phone data, illegal access to employer's computer and viewing confidential emails, unauthorised access to and disclosure of confidential information, collusion with colleague)
• •Whether the employer had reasonable grounds for belief in misconduct
• •Whether the investigation was fair and thorough
• •Whether the procedure was fair
• •Whether dismissal fell within the band of reasonable responses

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8002140/2025 Held in Glasgow on 7 – 9 April 2026 Deliberations: 10 and 13 April 2026 Employment Judge D Hoey Ms L McComish Claimant Represented by: Herself MacKenzie Taylor Asset Management Ltd Respondent Represented by: Mr Hardman - Counsel Instructed by Messrs Burness Paul JUDGMENT OF THE EMPLOYMENT TRIBUNAL The claimant’s dismissal was not unfair and the claim is dismissed. REASONS 1. The claimant brought a claim of unfair dismissal. The respondent disputed the claim. The parties had worked together to focus the issues in this case. At the outset of the Hearing the parties agreed what the issues were. The claimant accepted that it was likely that the respondent believed she had been guilty of misconduct, but she disputed that the belief was genuine or honest and she argued the investigation, procedure and decision to dismiss fell outwith the range of reasonable responses 2. At the start of the Hearing I discussed the overriding objective and the need for both parties to work together to assist the Tribunal in ensuring that everything that was done was fair and just with due regard to cost and proportionality. A discussion took place as to how evidence was taken and the importance of ensuring relevant questions were put to each witness to ensure both parties cases were fairly put to each other’s witnesses and that relevant evidence was led. The parties were reminded that the Tribunal would only consider evidence that had been agreed or that was led before it. The 8002140/2025 Page 2 parties understood the need to ensure their case was put to each witness and factual disagreements were raised. 3. The parties were also able to agree timing for witnesses and the parties worked together to assist the Tri…