Civil servant dismissed after looking up neighbour’s private data

The Employment Tribunal has ruled that a civil servant who was sacked after she looked up her neighbour’s private data on a government database was not unfairly dismissed.

The case involved Louise Kelly, who said her behaviour had been caused by a lack of Hormone Replacement Therapy (HRT).

Kelly had worked for the Department of Work and Pensions for nearly 20 years. As part of her role, she had access to the ‘Searchlight’ database that holds information about many residents in the UK.

She was dismissed after she was twice caught misusing the Whitehall computer system over the course of a month. Once to look up her own address and another to look up her neighbour’s address.

During the disciplinary process, Kelly argued that her conduct was a ‘genuine accident’ as a direct result of stopping her five-year course of HRT. She claimed that she suffered from difficulty sleeping, poor memory and concentration, hot flushes, night sweats, joint pain, headaches, digestive problems, fatigue, insecurity and anxiety following her course of HRT coming to an end.

The DWP maintained that ‘there was no exculpatory explanation at all’ and dismissal was the only option.

During the Tribunal, Mr McPherson of the DWP described it as the number one rule which was impressed upon everyone when they join the department and repeatedly thereafter that information is not to be abused. Employees must not look up themselves, their friends, their family or celebrities. This rule was also clearly stated in multiple policy documents and that dismissal could the likely sanction for all but the slightest breach.

As a result of the submissions made on behalf of the DWP, the Tribunal dismissed Ms Kelly’s claim of Unfair Dismissal. In summing up his decision, Judge Jonathan Roger stated the following:

1. Whilst the Tribunal recognised that Miss Kelly may have suffered impairments as a result of her menopause, it was ruled that the side effects caused by a lack of HRT would not have had such an adverse effect on her work performance.
2. Due to the confidential nature of the database, it was essential to have a robust policy to prevent employees being tempted to violate householders’ privacy. 

If you’re struggling at work because of the menopause or perimenopause, you may be worried about how your employer will react. You might already be subject to a disciplinary or performance improvement process, have been dismissed, or are considering leaving your job. But although the menopause isn’t specifically a “protected characteristic” under the Equality Act, you do have rights.

If you have an employment law issue related to the menopause, call us today on 01582 514000 and find out how we can help.

Kelly and DWP
Employment Tribunal
October 2022
Judge Roger