When internet shopping leads to unfair dismissal – lessons for employers from a recent Tribunal case

September 30, 2025

When internet shopping leads to unfair dismissal – lessons for employers from a recent Tribunal case

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By Owen John

Read time: 4 minutes

In the recent case of Lanuszka v Accountancy MK Services, an employee was found to have been unfairly dismissed when her employer had used spyware software to monitor her personal internet use at work.

Our employment solicitor, Owen, explains what happened, the Tribunal’s findings, and the key lessons for all employers.

What happened?

Ms Lanuszka had worked as an accountancy administrator since 2017 for Accountancy MK Services Ltd. She signed a new contract in 2021 following her employers’ name change. She continued to perform the same role she had held since 2017, with no history of disciplinary issues.

In July 2023, Ms Lanuszka’s employers installed spyware software on her work computer, to monitor how she used her computer during the day. Her employers used the software to monitor her computer use on 13 and 14 July. On those days, her employers alleged that she spent a total of 2 hours 33 minutes on the computer, of which 1 hour 24 minutes was on “personal matters”, including websites such as Amazon, Very, and Rightmove.

Her employers dismissed Ms Lanuszka for using a work computer for personal matters, claiming it breached the company’s code of conduct.

Ms Lanuszka filed an Employment Tribunal claim for unfair dismissal in response.

The Tribunal’s findings

The Tribunal found that:

Code of Conduct

• Ms Lanuszka had been permitted to use her work computer for personal browsing during quiet periods and lunch breaks.
• Other employees at the company also used their computer for personal browsing.
• No evidence had been provided that her employers had shown her the organisation’s Code of Conduct.

Flawed evidence

• Her employers wrongly labelled a lot of her computer use. Time that was defined as ‘personal matters’ had partly been used for professional development and job-related tasks.
• Her computer usage was not excessive, and did not meet the standard of misconduct.
• Evidence of alleged performance issues was only produced by her employers after the proceedings had already begun. This further undermined her employer’s credibility in the Tribunal’s view.

Unfair process

• Her employers did not follow a disciplinary process. Ms Lanuszka was not given a warning before she was dismissed, had no opportunity to respond to the allegations, and there was no disciplinary hearing.
• Her dismissal may have come from an alternative and misconceived motivation to remove her before she reached the two-year qualifying period of continuous service for unfair dismissal.
• However, she had been continuously employed since 2017 and had sufficient service to bring an unfair dismissal claim.

The Tribunal found in favour of Ms Lanuszka and awarded her £14,120 in compensation.

Can employees be dismissed for personal use of a work computer?

Personal use of a work computer can amount to misconduct.

Misconduct may either be a single act of serious misconduct (referred to as gross misconduct), or a series of less serious acts. Usually, examples of unacceptable misconduct regarding a work computer will be included in IT and internet usage policy, which should be communicated to the employee.

Misconduct is a potentially fair reason for dismissing an employee. However, employers who want to dismiss an employee on that basis must demonstrate that it was reasonable.

A Tribunal will look at two factors when considering if a dismissal was reasonable:

• Substantive fairness: Did the employee’s alleged misconduct justify dismissal?
• Procedural fairness: Was the employers’ process to dismiss the employee fair?

Ms Lanuszka’s employers could not demonstrate that they properly followed a fair process to dismiss their employee.

What mistakes did her employer make?

Ms Lanuszka’s employers failed to:

• satisfactorily communicate its policies on computer usage to her;
• inform her of the misconduct allegation before dismissal;
• carry out any investigation;
• consider if any alternatives to dismissal could be used; and
• follow any disciplinary process before dismissing her.

What steps should employers take to dismiss an employee for misconduct?

• Have strong and regularly updated disciplinary policies and procedures: Policies can be used as evidence of an employee’s misconduct but they should be communicated to staff effectively.
• Investigate misconduct allegations fairly: When an employee’s conduct falls short, the organisation’s procedures should be followed. A fair and impartial disciplinary investigation should be followed before making a final decision.
• Communicate with the employee: Inform them of the allegations promptly and what rights they have.
• Allow the employee to respond: Give the employee an opportunity to present their side of the story. They can present any relevant evidence that they may have to do so.
• Consider dismissal alternatives: a warning may be more suitable if the employee has not had previous issues, or the allegations are minor.
• Have genuine reason for dismissal: Employees with two years of continuous service can only be dismissed for reasons such as poor performance or misconduct.
• Keep records: all evidence that the employer had a fair reason for dismissal, and followed a fair process must be retained.

If you are an employer and you need advice on how best to prevent future unfair dismissal claims, get in touch using our contact form or contact Owen John on 02920 829 118 or ojohn@darwingray.com to find out how we can help you.

We will be covering this topic further in a free upcoming 45-minute webinar: From TikTok to Tribunal: Managing Employee Misconduct in the Digital Age (11 a.m. on 1 October 2025). This webinar forms part of our wider free Autumn webinar series: Employment Law Unpacked. More information here.

We will also be holding a Mock Disciplinary Hearing training session for employers in North Wales on Tuesday 21 October 2025. This session will give managers, leaders and HR practitioners a chance to get our top tips on carrying out a fair disciplinary hearing and see a disciplinary hearing, delivered by our expert employment solicitors and HR consultants. Limited spaces available. Book your place now, here.