“You’re fired!” - This may be a phrase used on television when individuals are being dismissed, but in the real world, such a phrase could land an employer in hot water.
nThere is a common misconception that when an employee has committed gross misconduct, they can simply be dismissed on the spot. Although tempting, this is not the case and no matter how serious the problem, the employer should follow a fair procedure.
nAn individual who has two years’ continuous service could bring a claim for unfair dismissal and the Employment Tribunal would look at the reason for the dismissal as well as the process followed. A valid reason for dismissal could be made unfair by the procedure, or lack of procedure, followed and any tribunal award could be increased by up to 25%.
nFor an employee with less than two years’ service where no procedure is followed, there could be an argument that notice should have been given.
nEmployers should investigate matters as fully as possible and give the employee the opportunity to state their case and to assist employers, Acas have recently launched useful guidance on handling investigations which can be found here.
nThe importance of following a procedure - even where it seems unnecessary - was highlighted in the case of Harvey v Vista Hotels Ltd in which a head chef injured police officers after they were called to deal with his behaviour following a violent row. The chef was jailed for 18 months and during this time he was dismissed without any investigation, notification of the decision or appeal. The absence of procedure resulted in compensation of over £11,000.
nWhilst employers may want to deal with matters swiftly, they should bear this in mind and avoid a knee-jerk reaction and deal with matters in line with the Acas Code of Practice.
nFor more infomation on Employment Legislation issues please contact Sheila Watson: sheila.watson@hartlepool.gov.uk