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.
Gus Cook, a Partner at Aldridge Brownlee says:
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.
1. The House of Lords decision also included two related judgments - 15th July. The court also that there are some very limited circumstances in which it is permissible for an ex-employee to sue his ex-employer both for unfair dismissal in an employment tribunal (where compensation is subject to a statutory cap) and for breach of contract in the County Court or High Court (where there is no cap on compensation). However this is only possible in those rare cases where the dismissal and the breach of contract complained of are entirely separate.
2. From 1st October 2004 that will change the Employment Act 2002 s.38 will come into force by virtue of the Employment Act 2002 (Commencement No. 6 and Transitional Provision) Order 2004 made on 3rd July 2004. Unless an employer can demonstrate exceptional circumstances, employees will be entitled to an award of between 2 and 4 weeks' pay if their employer has failed to provide the required particulars, which as from 1st October 2004 can be in a written contract or letter of engagement. Various other provisions of the Employment Act 2002 also come into force on 1st October including removal of the small employer exemption from the requirement to notify employees about disciplinary rules.
For further information contact:
Gus Cook
Tel: 01202 446560
Email: civil_litigation@aldridge-brownlee.co.uk
