Land Registry Lawyer Unsuccessful in Unfair Dismissal Claim Following Harassment Campaign
A former government lawyer has been unsuccessful in his claim for unfair dismissal after being sacked for calling a client's father-in-law a "nonce" and engaging in what was described as a "methodical and calculating" campaign of harassment.
Systematic Harassment and Social Media Abuse
Paul Farthing, who referred to himself as a "government lawyer" while working as an Assistant Land Registrar, was dismissed from HM Land Registry in November 2023 for gross misconduct. The dismissal followed an investigation that found he had harassed his client, Samantha Williams, on social media, labelling her a "narcissist" and contacting the school where she worked as a teacher.
Mr Farthing alleged that Ms Williams had "mental health issues" and was unfit to work with children, threatening to "go public" with his accusations if no action was taken against her. He specifically cited risks to "the reputation of what is becoming a very reputable comprehensive school" in his social media posts.
Accessing Official Information and Defamatory Statements
The investigation revealed that Mr Farthing had used his position to access Land Registry records to obtain information about Ms Williams and her husband's farm property. He then shared details of how they held the beneficial interest in their farm with others.
Most damagingly, Mr Farthing posted on social media that Ms Williams' father-in-law was "a convicted nonce" who had "served jail time for this" and urged people to "watch their kids carefully." He did not dispute these actions during the subsequent employment tribunal proceedings.
Brain Injury Defense Rejected by Tribunal
At an employment tribunal in Swansea, Mr Farthing brought multiple claims against HM Land Registry, including unfair dismissal, breach of contract, failure to make reasonable adjustments based on his disability, and disability discrimination. All of his claims were rejected by the tribunal.
Mr Farthing argued that his actions were a result of a traumatic brain injury sustained during his employment, which he claimed made him "impulsive" and caused emotional lability. However, Jonathon Mudford, who conducted the investigation for HM Land Registry, concluded that Mr Farthing's actions were repeated and not merely a "knee jerk reaction."
"You have spoken throughout this process about reacting to events and I have carefully considered and reflected on your reactions throughout the process," Mr Mudford stated. "However, it is clear that your actions and negative behaviours that you have shown over a continuous period of months have been methodical and calculating, and have not arisen in consequence of your brain injury."
Thorough Investigation Praised by Employment Judge
Employment Judge Stephen Povey ruled that there was no discrimination in the investigation process and praised its thoroughness. "The time and work taken to issue the written decision was also self-evident," Judge Povey stated. "Mr Mudford's written decision was detailed, comprehensive, wholly based upon the evidence, properly reasoned and written with due care and diligence."
Judge Povey added: "We did not underestimate the work which went into its drafting, which was the product of a detailed, thorough, independent and transparent decision-making process. It was also consistent with the care and consideration demonstrated by Mr Mudford throughout, including for Mr Farthing's welfare."
Clear Breaches of Policy and Codes of Conduct
The Land Registry concluded that Mr Farthing had misused official information and his position, breached the company's social media policy, unlawfully harassed Ms Williams, and brought the Land Registry into disrepute. His appeal, which included accusations of discriminatory investigation due to his disability, was unsuccessful.
Judge Povey said that Mr Farthing's conduct was "inappropriate" and his dismissal was fair. "The social media posts which he did make public were clearly inappropriate and, at times, abusive and malicious," he concluded. "That he sent them was never disputed. On the basis of those admitted posts, the Land Registry was clearly entitled to find that he had repeatedly and egregiously breached its social media policy."
"Given the conduct for which he was dismissed, we had no hesitation in concluding that investigating, disciplining and ultimately dismissing him for that conduct was a proportionate means of achieving those legitimate aims," Judge Povey stated. "That was all the more so in circumstances where he had accessed Land Registry data, shared it with others, breached the Land Registry's social media policy, acted in a manner which they were entitled to conclude breached its own and the Civil Service Codes of Conduct and, by extension, brought their reputation into serious disrepute."
Mr Farthing began working as an Assistant Land Registrar in April 2022, handling legal issues, until his dismissal for gross misconduct in November 2023. During his employment, he sustained a traumatic brain injury and also suffered from anxiety. Ms Williams lodged a complaint in June 2023, alleging that Mr Farthing was misusing his position to influence others against her on social media.
