Garrick Nisbet took his employer, logistics consultancy group Notus Heavy Lift Solutions, to tribunal after managers dismissed him for gross misconduct, according to the tribunal decision published on Friday (4 April).
The group alleged that Nisbet had been involved in bribery related to a senior manager at Hinkley Point nuclear power plant, Ashley Daniels, in order to direct extra work to Notus Heavy Lift Solutions.
The allegations against Nisbet were that he bribed Daniels with tickets to a boxing match and with a refill for his Montblanc pen.
The tribunal found that Nisbet had been involved in bribery for more than two years before he was dismissed at the beginning of 2023.
Although employment judge Colm O’Rourke found that Nisbet’s dismissal was unfair and that the employer did not go through the correct procedures, Nisbet was not awarded compensation.
O’Rourke stated that due to Nisbet’s involvement in bribery he would have been dismissed even if his employers had followed correct procedures.
Judge O'Rourke said: "It is clear from the evidence that Mr Nisbet was, on the balance of probabilities, complicit in bribery and corruption... and thus engaged in culpable behaviour.”
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Any allegations of bribery should be investigated thoroughly before pre-empting dismissal, stated Liam Entwistle, partner at law firm Wright, Johnston and Mackenzie.
He told HR magazine: “Any allegations should be investigated appropriately, and the employee should be given a chance to be accompanied to a disciplinary hearing, and have their side of things heard.
“The allegations should be clear, and the employer should not make a decision until the employee has been heard. Then, the employee gets a right of appeal. The urge to send internal emails which suggest an employee is guilty or bang to rights should be resisted.”
HR leaders can ensure that employers complying with rules when following dismissal procedures, Entwistle added.
He said: “HR leaders can put in place proper policies, and make sure all senior staff are well trained when it comes to investigating and dealing with disciplinary matters.
“Even if that means telling people forthrightly to keep their opinions as to guilt or innocence to themselves until the time is right, HR leaders should make sure that managers can access both their advice, and the relevant policies, easily. Managers should be encouraged to get HR involved at the earliest possible stage.”
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Daniels has been dismissed by Hinkley Point power plant and is under investigation, the tribunal heard.
A spokesperson for Hinkley Point said: "The project sets and enforces high standards for all employees, contractors and suppliers and will rigorously investigate and take action over inappropriate conduct."
In order to avoid similar instances happening, employers should make sure that they have, and follow, correct policies, emphasised Nicola Brown, partner at law firm Mayo Wynne Baxter.
Brown told HR magazine: “I recommend that employers have an up-to-date anti-bribery and corruption policy which is tailored to the particular risks in their organisation. They should make staff aware of the policy and encourage people to come forward if they have any concerns.
“It is also best if the policy cross-refers to other key documents such as the organisation’s whistleblowing policy and code of conduct, to ensure a joined-up approach.
“Follow your organisation’s own internal disciplinary procedure as well as the provisions of the Acas Code, ensuring that there is a full investigation, the allegations are made clear to the accused employee, they are provided with copies of the relevant evidence, and they have an opportunity to comment before any decision is made about the outcome.”
