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Tenon cleared of unfair dismissal

RSM Tenon has been cleared of unfair dismissal of a former senior manager who accused the firm of false accounting.

Duncan Swift, who was director at the Southampton office, said Tenon made him redundant after he blew the whistle on poor practices in its recovery division.

Swift claimed he recognised revenues on insolvency contracts which he said resulted in Tenon overstating its profits and misleading shareholders.

Last month, Southampton employment tribunal found that Swift did not make protected disclosures under whistleblower laws and was dismissed fairly from the role. He was paid a salary of £230,000 until he was made redundant in April 2011.

The decision by tribunal chair Judge Twiss, seen by Money Marketing, says: “It is clear beyond doubt that any alleged disclosures had nothing whatever to do with his dismissal.”

The judge says it was possible that Swift made the disclosures after his dismissal and that some were made in bad faith and exaggerated.

Tenon says it made Swift redundant due to cost-cutting measures and non-materialisation of an expected economic upturn, which the tribunal found to be legitimate reasons.

Swift said: “I am very surprised at the judgment. I felt very strongly that this should be brought out into the open.”

Tenon chief executive Chris Merry said: “I am pleased we have won on all the issues raised.”



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