Fieldfisher LLP v Djamshid Rustambekov

Facts

The respondent was employed by Fieldfisher LLP, a firm of solicitors, as a Senior Associate in its Dispute Resolution Department from June 2019. He was dismissed on 6 November 2023 for the stated reason of misconduct, based on the appellant's genuine belief that in January 2023 he had sexually harassed a colleague, C1, by persistently pressing her to cancel her Uber and return to the office with him after a work event, and that on 20 July 2023 he had acted inappropriately towards a second colleague, C2, at a work party by putting his arm around her waist and waiting outside the toilet for her. A further allegation, that the claimant had sexually assaulted C1 in an accessible toilet at the same July event, was investigated but not proved and formed no part of the reason for dismissal. Following an investigation by HR Business Partner Matt Atkin, a disciplinary hearing conducted by partner Ms Banga, and an unsuccessful internal appeal before partner Ms Cassels, the claimant was dismissed. He brought a claim under section 98 of the Employment Rights Act 1996. The Employment Tribunal (Employment Judge Anthony, sitting alone, at London Central) held the dismissal unfair, relying heavily on its own findings about the unproven toilet allegation and on the Supreme Court's decision in MA (Somalia) v Secretary of State for the Home Department. The employer appealed.