🛍️ Online Shopping at Work: Why It Wasn’t a Sackable Offence (and What Employers Must Learn)

Another headline that made the rounds recently:

“Woman’s online shopping at work not a sackable offence, judge rules.”

Sounds like a free pass to scroll through ASOS during work hours, right? Not quite.

This case Lanuszka v Accountancy MK Services Ltd [2025] UKET 3311839/2023 is far more about process, fairness, and evidence than whether a cheeky browse online should lead to dismissal. And that’s where the lessons for West Midlands employers really lie.

What actually happened?

At first glance, the story is simple: an employee was dismissed for online shopping during work. But dig deeper, and you’ll see why the dismissal didn’t hold up under tribunal scrutiny.

Judge Magee didn’t say “shopping at work is fine.” What he did say is that:

• The summary dismissal was not within the range of reasonable responses open to a reasonable employer.

• There was no documented evidence of performance or conduct issues before the dismissal.

• The employer had effectively predetermined the outcome before the employee had even accrued two years’ service.

To make matters worse, the dismissal letter was printed and ready to go before the meeting even took place. Imagine how that looked to the tribunal panel.

The real issue: fairness and process

Employment law isn’t about whether an employer can dismiss — it’s about whether they do so in a way that’s fair, consistent, and properly evidenced.

In this case, the problem wasn’t the online shopping itself. The problem was that:

1. The employer skipped the basics — no investigation, no warnings, no documented concerns.

2. The outcome was decided before the process began.

3. The “evidence” appeared late in the day, after proceedings were underway.

For a tribunal judge, that paints a clear picture: the dismissal was pre-cooked and the process was a sham.

Lessons for West Midlands employers

This case is a reminder that tribunal judges care more about how you reach a decision than the decision itself. Here’s what every employer in Birmingham, Solihull, Worcestershire, and beyond should take from it:

• Evidence is everything. Keep records of conversations, warnings, and performance reviews. If it’s not written down, it didn’t happen.

• Process matters. Follow a fair disciplinary procedure. Investigate, give the employee a chance to respond, and don’t rush to dismissal.

• Predetermination is fatal. Walking into a meeting with a decision already made is one of the fastest routes to an unfair dismissal finding.

• Two-year rule ≠ free rein. Many employers assume they can dismiss staff with less than two years’ service without consequence. This case shows that if the dismissal breaches fairness principles or suggests discrimination, claims can still succeed.

A note on culture

Let’s be honest: most employees have probably checked their emails, ordered a birthday present, or booked a train ticket during work hours. Occasional online shopping isn’t usually the hill an employer should choose to die on.

The bigger question is: what does your culture say about trust, accountability, and performance? If your employees don’t feel trusted, they’ll find workarounds. If you obsess over small infractions but ignore process, you’ll end up in tribunal.

The Thrive. difference

Lots of consultants will tell you “just follow ACAS guidance.” Lawyers will give you the legal tests. But very few combine:

• 🎓 A Master of Laws in Employment Law (I know what judges look for).

• 👩‍💼 Operational HR leadership (I’ve managed real investigations and dismissals across NHS Primary Care and private sector businesses).

• 🛠️ Practical consultancy (I don’t just quote the law — I help you implement processes that are fair, efficient, and defendable in the real world).

That’s the trifecta you need if you want to stay out of tribunal.

Final thought

The key takeaway from Lanuszka? Fairness is not a tick-box. It requires genuine process, open-minded decision-making, and evidence that stands up to scrutiny.

Predetermined outcomes, flimsy paperwork, and “we’ll just wing it” approaches will land you in trouble. And once you’re in front of a tribunal judge, it’s too late.

👉 If you’re a West Midlands employer and you’re not 100% confident in your disciplinary and dismissal processes, now’s the time to fix it.

📩 Get in touch with me at Thrive. by Rosie Campbell to make sure your approach is fair, lawful, and watertight — before it ends up costing you.