Barclays Execution Services Ltd

1 EMPLOYMENT TRIBUNALS Claimant Mr M Humphrey Respondent Barclays Execution Services Limited Heard at London East Employment Tribunal (by video) On: 4 and 5 August 2025 Before Employment Judge Othen Representation Claimant In person Respondent Ms Page: counsel JUDGMENT 1. The claimant’s complaint of unfair dismissal is not well-founded and is dismissed. REASONS Introduction 1. The claimant brings an unfair dismissal claim against the respondent. He claims that his dismissal was unfair within section 98 of the Employment Rights Act 1996. 2. The respondent contests the claim. It says that the claimant was fairly dismissed for misconduct. 3. The claimant represented himself and gave sworn evidence. The respondent was represented by Ms Page, counsel, who called sworn evidence from Mr A Warner – Investigation Manager, Mr S Cunningham, Dismissing Manager and Mr M Sherry, Appeal Manager . I considered the documents and witness statements from an agreed 494-page Bundle of Documents. 2 Ancillary matters Issue 1. 4. The claimant suffers from cluster headaches and at the outset of the hearing, adjustments were discussed with him to accommodate any symptoms from this. It was agreed that he should be able to take regular breaks and should his symptoms affect him at any time, he should bring this to my attention. 5. On the start of the second day of the hearing, the claimant joined approximately 45 minutes late. He explained that overnight, he had received a document from the respondent which had caused him stress which had in turn, affected his cluster headaches. Respondent's counsel explained that the claimant had, in error, been sent a privileged document which was not intended for distribution. This was a communication between respondent's counsel and the respondent regarding progress of the first day of the hearing inclu...