[England] Dismissed due to out-of-work activities
Hi all,
Background
I'm employed in England and have worked for my current employer for 2.5 years. I've had no disciplinary or capability issues, and my performance has been positive throughout.
Out-of-work activities
Shortly before starting this job, I commenced a part-time, unpaid/self-funded doctorate programme out of academic interest. I have never used any work time or resources on this, with the exception of authorised leave (no reasons requested or given). The field of research is adjacent to but does not compete with my employer's business.
Last year, I received a prestigious award/grant recognising academic rigour and potential, together with my contribution and commitment to this field of research.
Contractual Terms
I did not disclose either of the above to the company, nor did I choose to display them publicly (e.g. on LinkedIn). My contract says I'm obliged to disclose "any other job or occupation", but does not mention study.
I was never dishonest with the company - the topic had simply never been raised, and I did not volunteer what appeared to be a reasonably private, external endeavour falling outside of the disclosure clause.
Dismissal
The company recently discovered the award (the recipients' names are published). I was called into a meeting with my manager and HR, and was dismissed with notice.
The stated reasons were that not disclosing the doctorate programme and award allegedly breached the implied duty of trust and confidence between employer and employee, and that they doubt my commitment to remaining and continuing my training with the company. They suggested that involvement and success in such a demanding programme must have detracted from or distracted me from my work, and it seems they also inferred I may now leave to focus on full-time research.
My thoughts
I was surprised by this decision because I didn't expect that activities or studies undertaken out of work hours, which are not subject to a contractual duty to disclose, could form a fair reason for dismissal. I also note that my performance was commended throughout my service.
Questions
On these facts, is this likely to be a fair dismissal (e.g. under SOSR), or could it be an unfair?
I would particularly appreciate if people know of any notable judgments concerning circumstances similar to mine.
Thank you very much!