Employment Legislation Update: Say what you mean!

Say what you mean!

There are two cases which highlight the need for employers to check their policies to ensure they say exactly what they need to say.

In the first case, a Healthcare Assistant employee working in an NHS Trust came into work smelling of alcohol which he said was as a result of a few beers the night before.  There were no reports that he was unfit for work, but he was suspended and later dismissed at a disciplinary hearing.  At his claim for unfair dismissal the Employment Tribunal found there was no evidence that there had been an effect on his ability to do his job.  Furthermore, the Trust’s disciplinary policy and procedure and substance misuse policy did not include smelling of alcohol as sufficient to amount to dismissal for gross misconduct.  The dismissal was therefore unfair.

The other case relates to the use of E-cigarettes – something which has crept up on employers. 

In this instance, the employee was a Catering Assistant at a school who was found to have used her e-cigarette in front of pupils.  She resigned just before a disciplinary hearing and claimed constructive dismissal but this claim was dismissed by the tribunal as it was found the school had acted properly.  If, however, she had been dismissed for her actions this might have been unfair as the school’s smoking policy stated that smoking was prohibited but it did not mention e-cigarettes.

As an employer, you need to ensure that your policies and procedures are accurately worded, relevant for your business and kept under review so they remain up to date.

For more infomation on Employment Legislation issues please contact Sheila Watson: sheila.watson@hartlepool.gov.uk

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