Ms P Ong v Aberystwyth University: 1600183/2021 and Others

£264,000 to unfairly dismissed cleaner following fundamentally flawed investigation

In Ong v Aberystwyth University, an Employment Tribunal awarded Ms Ong £264,442 after finding she had been unfairly dismissed and victimised by a “retaliatory” reference that cost her a job offer.

Ms Ong, a part-time cleaner since 2014, was dismissed in May 2022 following allegations that she had breached the terms of a private mediation agreement with her manager. The Tribunal upheld the unfair dismissal claim, singling out the investigation as “a fundamental failing and contrary to the rules of fairness and natural justice.”

The criticisms of the investigation were:
1. The Investigating Officer first interviewed the claimant’s manager, who produced a “Table of Incidents” that became the basis of the allegations. The claimant should have been provided with this list in advance to allow her to prepare. She was not given it before, or even at, the interview.

2. The Investigating Officer accepted what the manager told her about the alleged conduct as true and accurate, without independent verification. She did not interview any of the individuals named by the manager as witnesses, either before or after meeting the claimant.

3. The Investigating Officer’s approach was effectively to require the claimant to disprove what the manager had told her, rather than conducting a fair and objective exercise.

4. The Investigating Officer failed to disclose evidence before or during the meeting.

5. The investigation report concluded there was “substantial evidence” both written and anecdotal in support of the allegations. But the Investigating Officer was unable to identify any of the supporting documents or evidence behind that statement.

6. The Investigating Officer was unable to identify the specific incidents of misconduct applicable to each of the three allegations.

7. The interview with the claimant had to be rushed because of the Investigating Officer’s own time constraints. No consideration was given to reconvening the meeting to ensure the claimant received a fair hearing.

8. The entire disciplinary process was premised on a breach of a disputed mediation agreement. The Investigating Officer failed to consider this at all, and did not consider whether it was appropriate to rely on the agreement to investigate the claimant’s conduct.

9. It was the Investigating Officer’s first time conducting such an investigation.

The Tribunal found that because the investigation was so flawed, the belief held by both the Investigating Officer and the subsequent Disciplinary Panel could not have been a genuine belief based on reasonable grounds.

Ms P E Ong v Aberystwyth University – 1600183/2021, 1601256/2022, 1600914/2024 

The full judgment can be read here