Employment Tribunal Find Employee was Fairly Dismissed for Accidental Exposure on Teams Call

A recent employment tribunal decision has confirmed that an employee who accidentally exposed his genitals during a Teams call was fairly dismissed for gross misconduct.

The case shows the importance of professional conduct during remote meetings and the limits of leniency when trust and reputation are compromised.

Background

The claimant (DB) was a manager at the Financial Services Compensation Scheme (FSCS). During a video call with external consultants from Capgemini, which was held on a bank holiday, DB stood up to adjust his laptop cable and inadvertently revealed that he was naked from the waist down. The incident was recorded on Teams, and two attendees lodged formal complaints, prompting an internal investigation.

During the investigation, it was alleged that DB gave inconsistent explanations and failed to report the incident himself. DB claimed the exposure was accidental. However, the situation escalated when it was discovered that he had twice attempted to delete the video recording.

A disciplinary hearing was eventually held in his absence, and he was dismissed for gross misconduct.

The Tribunal’s Findings

The tribunal upheld the dismissal, ruling that it fell within the range of reasonable responses available to FSCS. Although the exposure was unintentional, FSCS reasonably concluded that the incident had damaged its reputation. More critically, DB’s actions of failing to report the incident, lack of remorse, shifting explanations, and attempt to destroy evidence, led to a breakdown in trust and confidence with FSCS.

The tribunal also addressed the fairness of holding the disciplinary hearing in DB’s absence. The hearing took place eight months after the incident, following multiple adjournments requested by DB due to illness. The FSCS had offered him the opportunity to submit written representations and had made reasonable accommodations. When DB failed to provide medical evidence to justify further delays, it was found that FSCS was entitled to proceed.

DB argued that the incident occurred on a bank holiday and therefore should not be treated as a formal work event. This argument was rejected. The tribunal stated that any reasonable employee should understand the risks of appearing undressed on a video call, regardless of the day. The expectation of appropriate dress and conduct applies to all work-related meetings, including those held remotely or outside standard working hours.

Key Takeaways

This case shows that accidental misconduct can still justify dismissal if it results in reputational harm and is compounded by poor judgment or dishonesty.

We advise employers ensure their employees understand the expectations around remote working, including appropriate dress and behaviour during video calls. Likewise, disciplinary procedures must be fair and flexible, but employers are not required to delay indefinitely when an employee fails to engage.

If an employee is too ill to attend, before holding a hearing in their absence, ensure you have given them a fair chance to be there, such as by adjourning it a couple of times. Seek medical advice if necessary and consider other options, such as holding the hearing at the employee’s home or by video call and invite them to make written submissions.

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 contact us on 01206 239 761.