Employee wins £14,000 after unfair dismissal following spyware monitoring

An administrator at an accountancy firm has won more than £14,000 after being unfairly dismissed when her employer used spyware to monitor her computer use.

Anna Lanuszka had worked for Accountancy MK since 2017. When the business closed in 2021, she continued her employment with its successor, Accountancy MK Services.

In the summer of 2023, the firm’s owner, Agnieszka Krauze, installed spyware on Ms Lanuszka’s work computer. The software showed she had spent some time on personal websites such as Amazon, travel sites, and Rightmove. Over two days, the tracking revealed around one hour and 24 minutes of personal browsing.

Without any prior discussion or formal procedure, Ms Krauze dismissed Ms Lanuszka without notice.

At a later employment tribunal, the judge ruled the dismissal unfair, awarding Ms Lanuszka more than £14,000.

What the tribunal found

The judge made several important observations:

• Some of the browsing was linked to professional development, such as Excel training, suggesting the spyware data was not properly reviewed.

• The time spent on personal matters was minimal and not unreasonable.

• While Ms Krauze claimed there was a policy banning personal use, this was disputed. Ms Lanuszka believed occasional personal use was allowed during quiet periods or breaks – and evidence showed Ms Krauze herself used her computer for personal matters.

• A supposed prior disciplinary warning was denied by Ms Lanuszka.

• The timing of the dismissal coincided with Ms Krauze’s sister relocating to the UK, raising questions about whether a vacancy was being created for her.

• Ms Krauze also appeared to misunderstand Ms Lanuszka’s continuous employment, thinking she would only reach two years’ service in September 2023, when in fact it dated back to 2017.

• Diary notes produced as evidence were written retrospectively and in English rather than Polish, which further undermined their credibility.

Lessons for employers

This case serves as a timely reminder for businesses:

• Surveillance isn’t a shortcut to fair dismissal – you must always follow a fair disciplinary process.

• Keep accurate records at the time of events, not afterwards.

• Check employees’ continuous service carefully before taking action – it can affect their rights.

Need HR Support then get in contact with us: hr@perspectivehr.co.uk