Thompson v Informatica Software Ltd EA-2020-000463-OO

Appeal against the ET’s finding that the Respondent had acted within the range of reasonable responses in deciding to dismiss the Claimant for authorising the payment of the cost of a trip by a senior official of Highways England. Appeal dismissed.

The Claimant had been employed by the Respondent, in a senior capacity, as a Vice-President UK & Ireland. The Claimant’s principal focus was sales. The Claimant authorised a trip to Pebble Beach Golf Club in California by the Sales Manager, Public Sector UK and Ireland, and a customer, the Chief Information Officer and IT Executive Director of Highways England, on the basis that the cost of the trip (which included an overnight stay) would be paid for by the Respondent. The Claimant was dismissed for gross misconduct, his dismissal letter stating that the authorisation of this trip to entertain a public sector/government customer was in breach of the Respondent’s policies and procedures. His appeal was dismissed and he appealed to the EAT.

The EAT dismissed the appeal. Amongst other reasons, the ET was right to find that it had been open to the Respondent to interpret the Policy in a way that meant that the Claimant had breached it. The ET was also entitled to find that the Claimant had acted in “wilful disregard” of the Policy, even though he had not deliberately intended to breach the policy and had no corrupt intent.

Published: 14/10/2021 12:53