City Lawyer Unfairly Dismissed Over False Sexual Misconduct Case
Summary
On 18 October 2024, the Employment Tribunal ruled in favour of Djamshid Rustambekov (“DR”), a former senior associate at Fieldfisher, in his claim for unfair dismissal. The tribunal found that DR was dismissed unfairly following false allegations of sexual misconduct involving two colleagues.
Background
DR was dismissed in November 2023 following allegations that he had sexually harassed a colleague and, separately, acted inappropriately towards another colleague four months later. DR denied the allegation and claimed that his dismissal was unfair.
Arguments Raised
DR argued that the dismissal was based on unfounded allegations and that Fieldfisher had not followed a fair procedure. He contended that the firm did not have reasonable grounds for their belief in his misconduct and that the investigation was flawed.
Fieldfisher maintained that they had a genuine belief in the misconduct allegations and that their actions were within the range of reasonable responses. They argued that the dismissal was justified based on the evidence available at the time of DR’s dismissal.
Tribunal’s Findings
The tribunal, led by Employment Judge Anthony, found that Fieldfisher had not followed a fair procedure in dismissing DR.
It was noted that the investigation conducted by Fieldfisher was not thorough and that DR was not given a fair opportunity to respond to the allegations. The tribunal found that the firm’s belief in the misconduct was not based on reasonable grounds as the evidence presented did not support the severity of the actions alleged. Perhaps most damning, was the Tribunal’s finding that Fieldfisher failed to give proper weight to clear evidence that a female colleague lied. CCTV evidence also played a crucial part in the claim.
Compensation will be determined at a future hearing if the parties cannot reach an agreement.
How we can help
Fair and thorough procedures in handling allegations of misconduct and dismissals in the workplace are crucial. Employers must ensure that their investigations are comprehensive and that employees are given a fair chance to defend themselves against allegations. If you are an employer or employee affected by the above issue and want advice or support in connection with the same, or any employment law or HR issues more generally, please do not hesitate to get in contact with us on 01206 239761.
