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Unfairly Dismissed?
Local businesses need to be very careful when they sack staff. Even where it looks as if there is a good case if proper procedures are not followed then a claim for unfair dismissal can be brought later. These claims can be as high as £60,000 or even more where there is discrimination involved.
Even where the member of staff has a poor attendance record or is incompetent it is wise to take legal advice from an employment lawyer before dismissing an employee. Many employment tribunal cases arise because of a failure to follow correct procedure. Often verbal and written warnings must be given. Individuals have a right to bring someone along to a disciplinary appointment at work and it can be important to consider what is contained in their employment contract as well.
For example the contract may say that breaching the company’s email policy at work is “gross misconduct” which could make it easier to dismiss the employee if there is such a breach. If there is no such policy and other employees have been allowed without objection to use email for personal purposes at work you may have litigation on your hands. Sacking an employee for bringing the employer into disrepute or for activities outside work is always a difficult case. Employees sacked because they were discovered to be football hooligans was the subject of one case and few will have missed the recent tribulations in the world of football. Dismissal for allegedly having an affair with a secretary at work is unlikely to be fair and lawful.
For further information on this subject contact us.
