A POLICE community support officer who was sacked after accessing confidential data relating to his grandson has lost his appeal claiming unfair dismissal.
Nigel Burke, known as Wayne, of Colchester, was dismissed on June 23 last year in relation to two allegations of misconduct which were found proven.
Mr Burke was a Police Community Support Officer and had previously been commended for his work in Clacton during his 17-year career.
However, on July 20, 2017, Mr Burke misused police data when he accessed it five times for non-policing purposes.
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On this date, Mr Burke’s grandson was returned home following an episode when he was recorded as a missing person and there was a police search.
Mr Burke’s son called his ex-wife at her home and appeared to have information about the incident which she believed could only have been disclosed by his father in his capacity as a PCSO involved in the search.
Mr Burke also failed to immediately report his personal relationship with the missing person, despite an obligation to be transparent, open and honest about the family connection.
Later, in a witness statement provided at a family court hearing in November 2019, he made false statements including his ex-daughter-in-law had made false allegations of harassment against him.
Mr Burke claimed he had been shown an entry in the Police Pocket Notebook of a colleague which recorded this fact, however, he later admitted he had seen no such entry and he had “mixed up his words” due to stress.
Following his dismissal, he launched an appeal in July 2020.
Assistant Chief Constable Rachel Nolan, who heard the appeal, told the tribunal: “The dishonesty element was shocking, in a role where every day you could be part of the evidential chain needing the highest levels of integrity and honesty.”
Judge Bernice Elgot deemed the claim of unfair dismissal unsuccessful. The claim for wrongful dismissal also failed and was dismissed.
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