A solicitor dismissed over sexual harassment allegations has won his unfair dismissal claim. This comes after the employment tribunal found significant investigatory flaws, noting that CCTV evidence, which proved that a false accusation had been made, was ignored.
Read on as we explore what happened and what the tribunal made of it all. We’ll examine how employers should act if an employee claims they’ve been sexually harassed and the disciplinary procedures they should consider. Before we go, we’ll also establish the potential consequences if an employer mishandles an accusation.
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Fieldfisher LLP Solicitor Dismissed Amid Sexual Harassment Allegations
Djamshid Rustambekov was a solicitor at Fieldfisher LLP before he was sacked in November 2023 following sexual harassment allegations. He was initially accused of repeatedly asking a female colleague to cancel her Uber and go back to the office with him in January that year.
However, incidents at a staff party in July exacerbated the issue when the same female colleague claimed he sexually harassed her. While attending the Savage Garden rooftop bar at a Hilton hotel, she explained how he waited for her outside a bathroom. She asserted that he forced her into a disabled cubicle, pinned her against the wall, kissed her and attempted to reach under her skirt. Although it was also alleged he followed a separate colleague to the toilets, put his arm around her, and waited for her, this colleague indicated he hadn’t overstepped the mark.
Mr Rustambekov was subsequently suspended in August while an investigation took place, but he categorically denied the sexual harassment allegations. In the meantime, the law firm received a written description of the CCTV evidence showcasing the alleged toilet incident. Said evidence outlined how Mr Rustambekov’s interaction with the female colleague appeared consensual, with her initiating a hug before they kissed and entered the toilet.
This written statement suggested that the female colleague hadn’t been sexually harassed and had made a false accusation. Despite this, Fieldfisher LLP didn’t question the inconsistencies in the female colleague’s statement, and Mr Rustambekov was dismissed in November. The law firm insisted that, despite the discrepancies, he’d pestered this colleague in January and inappropriately touched the other. Mr Rustambekov later brought a claim of unfair dismissal to an employment tribunal.
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CCTV Evidence Flaws Lead to Unfair Dismissal Ruling
Following proceedings, the employment tribunal stated that the emergence of the CCTV evidence should have discredited the female colleague’s sexual harassment allegations. Judge Anthony explained how he found it “entirely odd” that the discrepancies in her statements weren’t investigated.
He added that he believed the false accusation hadn’t been made by mistake and suggested it had been done to protect her reputation. This was because another colleague had seen her exit the bathroom with Mr Rustambekov.
Concerning the January 2023 pestering allegation, this was dismissed, as it was determined that Mr Rustambekov had simply offered her a lift home. As for the claim concerning the other colleague, it was found that he’d only touched her on the shoulder.
Since Fieldfisher LLP had proceeded with their disciplinary procedures despite the contradictions, the tribunal concluded Mr Rustambekov had been unfairly dismissed. Consequently, they upheld his claim, and his compensation will be determined in the future.
How to Respond to a Harassment Allegation
Given the legal troubles Fieldfisher LLP found itself in, it’s crucial employers understand how to respond to sexual harassment allegations. There are several lessons other organisations can learn from this case, and among them, companies should:
- Conduct Proper Investigations – When accusations come to light, it’s essential employers undertake thorough and impartial investigations. They must collate all relevant evidence, interview all concerned parties, and ensure any discrepancies are ironed out. Even if the reason for dismissal is potentially fair, failing to conduct an adequate investigation could still result in it being considered unfair.
- Establish a Workplace Culture – By clearly defining expected standards and appropriate behaviour, employers can avoid behaviours like flirting from becoming normalised in the workplace. In turn, this may prevent incidents that lead to sexual harassment allegations from ever materialising.
- Ensure Procedural Fairness – Like with an insufficient investigation, inadequate disciplinary procedures can make a potentially fair dismissal unfair. To avoid this, employers should provide the accused with all the available evidence and allow them to respond. Furthermore, employers must ensure that the decision-makers on the case remain impartial and consider all the available evidence.
- Provide Proportionate Disciplinary Action – Just because an individual has been found guilty of harassment doesn’t always mean dismissal is warranted. In such circumstances, employers must consider the severity of the proven offence and determine if dismissal is reasonable. They would likely need to consider the employee’s prior conduct and any previous warnings and ensure that the disciplinary action aligns with similar cases across the organisation.
Repercussions of Mishandling Sexual Harassment Allegations
If an employer dismisses someone who has faced false allegations, they will likely open themselves up to legal action. While sexual harassment may provide a potentially fair reason for dismissal, an adequate investigation that discredits the accusation would show the opposite. This was the case in Mr Djamshid Rustambekov v Fieldfisher LLP, where the law firm will be required to pay compensation, underscoring the consequences of mishandling sexual harassment allegations.
READ: Ezra Mam and Conduct Outside of Work: Lessons for UK Employers
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