Newsletter Autumn 2011

Don’t get involved

Dismissing an employee is always a risky business. If you get anything wrong, they may claim compensation for unfair dismissal – and there are so many things to get wrong. In a recent case, the appeal tribunal found that the investigation into a worker’s misconduct was thorough and fair, but the decision to dismiss ‘lacked objectivity’. This was because the same manager took all the decisions, and conducted the disciplinary hearing after already telling the worker he would be sacked. Even though he may have deserved the decision, he was awarded £2,500 in compensation.

ACAS (the Advisory, Conciliation and Arbitration Service) publishes guidelines on disciplinary procedures. This employer was found to have breached the ACAS code, and that was the basis of the claim. It’s not enough to be fair – you have to be seen to be fair as well.