Former employee jailed for fabricating tribunal allegations in landmark contempt case
A former bank employee has been jailed for contempt of court after fabricating serious allegations of sexual harassment and assault against his manager, in what legal commentators have described as a landmark moment for Employment Tribunal proceedings.
The individual had worked in a London-based customer services and compliance team for several months before being dismissed. Following his dismissal, he brought extensive claims of sex and race discrimination, harassment and victimisation. Among the allegations were claims that a female colleague had sexually harassed and sexually assaulted him.
While the tribunal accepted that a minor comment had been made about his clothing, it rejected the remainder of the allegations in strong terms. In its judgment, the tribunal described the more serious accusations as “pure invention” and stated that there had been no conduct that could conceivably amount to harassment.
The tribunal found the case to be exceptionally troubling. It concluded that the claimant was not a credible witness and had been contemptuous of his duty to tell the truth. The panel determined that parts of his documentary evidence, including entries in what he described as a work diary, had been manufactured during the course of proceedings in an attempt to bolster his claims.
All claims were dismissed in full. The matter was then referred for contempt proceedings. The individual was initially sentenced to 20 months’ imprisonment. On appeal, the Court of Appeal reduced the term to eight months after determining that the wrong sentencing guidance had been applied. However, the custodial sentence was not suspended.
An eight-month prison sentence for contempt arising from Employment Tribunal proceedings is highly unusual and marks a significant development. While fines are more common in contempt cases, this judgment underlines that deliberately misleading a tribunal can carry serious personal consequences.
The Court of Appeal emphasised the absence of remorse and the seriousness of fabricating allegations of this nature. The decision sends a clear message that Employment Tribunals, although often viewed as more informal than other courts, are part of the judicial system and must be treated accordingly.
For employers, the case highlights several important points. First, tribunals will scrutinise evidence carefully, including the credibility of witnesses and the authenticity of documents. Second, where there is clear evidence of dishonesty or deliberate fabrication, tribunals have the power to refer matters for contempt proceedings.
Contact us at enquiries@121hrsolutions.co.uk and we can discuss and further queries you may have on this subject.
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