EAT Overturns Fieldfisher Unfair Dismissal Ruling in 2023 Sexual Misconduct Case

3 articles · Updated · Legal Cheek · Aug 6

A UK Employment Appeal Tribunal set aside a finding that Fieldfisher unfairly dismissed senior associate Djamshid Rustambekov, sending the case to a newly constituted tribunal for reconsideration.
Lord Fairley ruled the original tribunal wrongly replaced the firm's own assessment of evidence with its own, especially on a colleague's credibility in allegations tied to Rustambekov's November 2023 dismissal.
Fieldfisher had concluded Rustambekov sexually harassed one colleague and behaved inappropriately toward another, while a third allegation of sexual assault in January 2023 surfaced during the firm's investigation.
The appeal judgment said the tribunal leaned on a third-party description of CCTV and on an incident that was not part of the dismissal decision, rather than the decision-maker's direct interview with the complainant.
The ruling does not decide the misconduct allegations themselves, but narrows the issue to whether Fieldfisher acted reasonably when it dismissed him.