Engineer, 38, who was fired for having sex with his boss's wife in the office and work vehicles loses unfair dismissal - despite claiming they only did it outdoors!
An engineer who was sacked for having an affair with his boss's wife had his unfair dismissal case thrown out after claiming they only ever had sex outdoors and not on company time.
Anthony Smith was fired after it emerged he had a secret relationship with Lyndsay George, 38, who was a co-director of a Yorkshire-based specialist drainage firm alongside her husband Robert, 44.
Mrs George confessed that she and Mr Smith had romps during working hours at the office and had even got intimate inside some of the firm's vehicles.
After the affair was revealed, the engineer was sacked from Yorkshire firm Full Circle Irrigation - which works on golf courses and sports pitches - for gross misconduct.
He tried to sue the company for unfair dismissal saying they had only ever had sex outdoors - even though much of the affair had taken place over winter.
However, following an employment tribunal, he has now lost his case against Full Circle, which works with Premier League side Leeds and some of the UK's top golf courses.
Mrs George, who lived with her husband in a £350,000 home in Knaresborough, near Harrogate, north Yorks, resigned from her post as director after admitting her affair with Mr Smith.
Lyndsay George, 38, (pictured) had been a co-director of a Yorkshire-based specialist drainage firm when she admitted to having an affair with engineer Anthony Smith
Robert George, 44, (above) lived with Ms George in a £350,000 home in Knaresborough, near Harrogate, North Yorkshire
Anthony Smith, who had worked for the Yorkshire-based company for 11 years, was also accused of forwarding naked images Mrs George had sent him on to colleagues.
The employment tribunal in Leeds, west Yorks, heard that Mr Smith and Mrs George embarked on a relationship in the spring of 2020.
The hearing was told that in January 2021 a suspicious colleague raised concerns that they were having an affair, which Mrs George admitted to her husband.
A tribunal report said: 'It was not disputed that Mr Smith was engaged in an extramarital affair with Mrs George, who was a company director and married to Mr George at the time, between Spring 2020 and January 2021.'On January 22, 2021, Miss George admitted to Mr George that she had had a sexual relationship with Mr Smith. Mr Smith was suspended on full pay that same day.
'Miss George said she had been engaged in sexual activity with Mr Smith in the office and in work vehicles during working hours.'
As part of the disciplinary process, Mr Smith also faced allegations of abuse after he shouted and swore at Mr George at Leeds United's training ground four months previously and allegations of xenophobia for comments made to Polish and Romanian colleagues.
The investigation - which also examined a claim that the engineer had shared naked photos of Mrs George with staff - was carried out by an external HR firm, given how 'emotive' the issues were, the hearing was told.
Mr Smith claimed they instead had sex outdoors and that witnesses who spoke against him had been 'bribed', but Employment Judge Emma Tegerdine dismissed his excuses and threw out his unfair dismissal claim.
He claimed his boss, Mr George had a desire to 'get rid of him', moaning that he felt like he 'was on a murder charge'.
After the affair was revealed, engineer Mr Smith was sacked from Yorkshire firm Full Circle Irrigation - which works on golf courses and sports pitches - for gross misconduct. Pictured: A company van near their Knaresborough base
However, Mr Smith was sacked for gross misconduct on the HR company's advice in February 2021.
Judge Tegerdine said: 'The tribunal found Miss George to be a credible witness. Miss George gave direct and candid answers to the questions she was asked, and there was no reason for her to be dishonest about what happened between herself and Mr Smith.
'However, the tribunal found Mr Smith's evidence to be unsatisfactory.
'The tribunal found his assertion that his affair with Miss George, which took place over a period of at least eight months, some of which were in the middle of winter, was conducted wholly outside, to be implausible.
'The tribunal found his suggestion that a number of witnesses who gave evidence during the course of [the HR] investigation were lying or had been bribed, when there was absolutely no evidence to substantiate this, to be far-fetched.
'(He) was wholly to blame for his dismissal. (His) behaviour was culpable and blameworthy.'
The tribunal later heard Ms George also sent naked images to Mr Smith, and he was alleged to have sent these round to his co-workers. He denied this and the employment judge ruled in his favour
However, the tribunal did not support the allegation that Mr Smith shared naked photos of Mrs George which she sent him.
'Although the Tribunal accepted Miss George's evidence that she had shared naked images of herself with (Mr Smith), there was no clear evidence that (he) had ever shared them with anyone,' the judgement said.
The tribunal heard Mrs George resigned in February 2021- but shortly after rejoined the company in an admin role. The hearing was told she had avoided disciplinary proceedings herself by her resignation.
Full Circle Irrigation, based in Knaresborough, near Harrogate, say they 'primarily work in the sports turf irrigation market'.
The company works at golf courses across the UK - including the historic Prestwick Golf Club in Scotland, which was the original site for the Open Championship.
No comments: