Case law updates

Employment tribunal criticises flawed workplace investigation

An employment tribunal has ruled that the dismissal of Dr. Alfred Agyeman, a long-serving pharmacy manager at Westfield Pharmacy, was unfair due to significant flaws in the employer’s investigation process. Dr. Agyeman was dismissed following allegations that he watched Netflix, tutored his daughter during work hours, bullied staff, and failed to properly engage in his role, which was said to risk patient safety. While multiple employees raised concerns about his conduct and workplace atmosphere, the tribunal concluded that the allegations were imprecise, and the investigation lacked sufficient structure or evidence to support dismissal.

The tribunal highlighted that the employer did not give Dr. Agyeman a fair opportunity to respond to the imprecise allegations and failed to conduct a sufficiently thorough and impartial investigation. Despite having HR resources, the employer did not ensure a structured or balanced process, and the panel determined the decision-making lacked an ‘open mind’. While Dr. Agyeman’s claims of race discrimination were rejected, his dismissal was found to be procedurally and substantively unfair.