Scottish Express, Feb 27, 2014
A SENIOR employee of lingerie tycoon Michelle Mone who walked out after discovering his office was bugged won an unfair dismissal case yesterday.
Scott Kilday discovered a listening device in his office
Scott Kilday, 35, was horrified to find a listening device hidden in a plant pot days after he was asked to resign from his post as operations director.
The bug was placed by management at MJM International, which makes the Ultimo brand, for “business strategic reasons”, an employment tribunal heard.
Mr Kilday told the Glasgow hearing of difficulties at the lingerie firm’s HQ after Ms Mone, 42, split from her husband and business partner Michael, 46, in December 2011.
Judges yesterday found in his favour, ruling MJM’s decision to plant the listening device was likely to “destroy or seriously damage” Mr Kilday’s trust in his bosses. He was awarded £15,920 in compensation.
Mr Mone left MJM days before another firm, MAS Holdings, bought into the East Kilbride-based company in February last year. Mr Kilday, of Glasgow, said Ms Mone asked him to resign around the same time “for the sale to go through”.
He added: “Michelle is a very difficult person to work with. When it was Michael and Michelle, Michael was able to control her a wee bit better, but latterly that was also proving more difficult.”
After taking legal advice on his position, he arranged to meet MJM chairman Eliaz Poleg.
But before their scheduled meeting he found the bug “by chance”.
Cross-examining Mr Kilday, she said it was common practice for directors of companies being bought out to quit
He added: “I had a look in the pot and saw a cable wrapped around the flowers.”
Asked by his lawyer, John McMillan, what he did after making the discovery, Mr Kilday, who went on to work for Mr Mone’s rival firm Pendulum Apparel, replied: “I left.”
MJM denied unfair dismissal and its lawyer, Alice Stobart, told the tribunal a bug was placed for “business strategic reasons” and authorised by Mr Poleg.
Cross-examining Mr Kilday, she said it was common practice for directors of companies being bought out to quit.
In written findings, the tribunal panel said MJM could have “legitimately taken steps” to “protect its business interests”.
Employment judge Shona MacLean said: “The fact that a recording device was placed in his office was in the tribunal’s view conduct likely to destroy or seriously damage the degree of trust and confidence an employee is entitled to have in his employer.”
MJM is embroiled in another tribunal with ex-employee Hugh McGinley.