A security manager fired for working remotely 400km from his office has won an unfair dismissal case, despite evidence he did no work during that period.
Nick Kitaruth was dismissed for gross misconduct after working from his parents’ home in Cornwall for four days in August 2023.
His employer, OCS Security Limited, claimed he never had permission to work from that location, which was about a five-hour drive from his usual workplace at the Queen Elizabeth II Conference Centre in London.
A tribunal in London ruled the company’s investigation was flawed. While Kitaruth had an informal agreement with his boss, Craig Stride, allowing him to work from home occasionally, Stride claimed he never approved four consecutive days away from London.
However, Judge Tamara Lewis found that Kitaruth “genuinely believed” he had permission.
On August 14, Stride messaged Kitaruth, reminding him of an in-person meeting in London on the 16th.
Kitaruth responded that he was working from Cornwall, insisting they had previously discussed it.
Stride pushed back, saying the arrangement had not been confirmed and that he had received no updates on outstanding tasks.
The tribunal heard that during his time in Cornwall, Kitaruth failed to complete key tasks, missed meetings, and did not respond to important emails and calls.
He was dismissed in September 2023, and his appeal was rejected in March 2024.
Judge Lewis criticized the employer’s handling of the case, stating that its informal remote work system was “ripe for misunderstandings.”
While she doubted Kitaruth had done any work in Cornwall, she ruled the dismissal unfair because the company failed to conduct a proper investigation, including formally interviewing Stride before making a decision.
As a result, Kitaruth’s compensation will be reduced by 50%, with the final amount yet to be determined.
