“Poor handling” of investigation leads to unfair dismissal judgment

A Barclays financial advisor who was accused of making sexual comments to female colleagues was unfairly dismissed due to procedural failings, although the outcome may have been justified if the process had been handled fairly.

The Tribunal heard that Omar Nayfeh was dismissed without notice in July 2024 for gross misconduct, for making “reckless and inappropriate” remarks to a female coworker

Whilst the Tribunal agreed that one of the comments was inconsistent with Barclays’ conduct policies and could have justified dismissal, the bank’s poor handling of the investigation and a reliance on speculation rather than evidence made the dismissal unfair.