I Network

The recent set of Employment Appeals Tribunal decisons published last week illustrate once again how employers end up paying dearly for not following due procedures in discipinary situations or for applying a disproportionate sanction. Here are a few examples :

A lorry driver who was given two weeks notice and dismissed after asking his manager for the 2.5 hours overtime that he was due, was awarded 20k. The Company had no disciplinary or grievance procedures available to be used.

A non performing sales person who had warnings issued about his level of sales was awarded 15k after being dismissed unfairly on a gross misconduct basis. After being notified about a disciplinary meeting,he rang his manager’s former employer to see if any complaints of bullying and harassment had been made about him. However the tribunal decided that his employer over reacted by dismissing him.

A bar maid was awarded 8K after her employer failed to produce CCTV evidence he relied on to dismiss her for signing in for extra hours every shift, which she believed she was entitled to do in lieu of the pay increase she was looking for.

And there are many more examples ! Employees are afforded a high degree of protection under the Unfair Dismissals legislation and all dismissals must be conducted in line with the Stautory Code of Prctice on Disciplinary & Grievance Proceedings. A clear robust disciplinary procedure incorporating the key elements of a fair hearing, right of representation, right to respond and right to appeal should be strictly adhered to. Otherwise, be prepared to pay the cost in the Employment Appeals Tribunal.