Adam McCalden v HBOS Plc & Lloyds Banking Group (Bank of Scotland Plc)

The claimant was employed by HBOS Plc as a banking and savings advisor. The claimant had a good performance record. 

A trace was placed on the claimant’s e-mail after discovery of a misuse of the e-mail system and it uncovered a volume of offensive emails forwarded by the claimant to colleagues. The matter was investigated, led to a precautionary suspension with full pay following the meeting and pending an investigation. Disciplinary proceedings ensued which led to the claimant’s summary dismissal for gross misconduct and a later appeal upheld the sanction.

The claimant relied on the fact that he never received written confirmation of his suspension and also that his appeal was held