Financial Adviser Triumphs in Unfair Dismissal Claim After Work Event
A Scottish financial consultant has successfully sued his former employer for unfair dismissal after being fired over allegations of inappropriate conduct during a company celebration at a Marco Pierre White restaurant. Alan Fraser, who worked from home for Wesleyan Financial Services, was dismissed for gross misconduct following the incident, but an employment tribunal has now ruled the investigation into his behaviour was fundamentally flawed.
The Incident at Malmaison Hotel Bar
In May 2024, Mr Fraser attended a 'reward and recognition' event at the company's Birmingham headquarters. The evening culminated in a group of six colleagues, including Mr Fraser and a woman identified only as 'Ms A', continuing to drink at the Malmaison hotel bar until approximately 1.30am.
Ms A alleged that Mr Fraser had touched her intimately four times while they sat at a high table in the bar area with other co-workers present. However, the employment tribunal heard that most witnesses reported seeing nothing inappropriate, with one person recalling only a shoulder touch.
Mr Fraser confessed to being so intoxicated during the company event that he had no memory of the alleged incidents. Despite this, Wesleyan Financial Services dismissed him after concluding he had "committed an act which would be considered sexual assault".
Tribunal Finds Investigation "Not Fair or Unbiased"
Employment Judge Sally Cowen delivered the ruling that would overturn Mr Fraser's dismissal. The judge determined that company bosses had relied on an investigation that was neither fair nor unbiased against the financial adviser.
The tribunal found significant flaws in the disciplinary process that led to Mr Fraser's termination for gross misconduct. While the compensation amount hasn't been determined, the ruling represents a substantial victory for the Glasgow-based consultant in his employment tribunal case.
This case highlights the critical importance of employers conducting thorough and impartial investigations before making dismissal decisions, particularly in sensitive matters involving alleged misconduct during work-related social events.
