Small Employer Pays Heavily for Ignorance of the Acas Code

Ignorance of the Acas Code of Practice on disciplinary and grievance procedures is a positive invitation to Employment Tribunal (ET) proceedings. A small employer found that out to its cost after a cleaner was sacked by text message.

When the woman launched proceedings, the owner of the…

Oct 05, 2023

Pexels karolina grabowska 4239035 683x1024

When the woman launched proceedings, the owner of the six-employee business for which she worked contended that she had been dismissed for gross misconduct. He confirmed, however, that he had not followed the Acas Code and that, having never dismissed an employee before or since, he did not know what it was.

She had been accused of rudeness and failing to return to work promptly following a holiday. In upholding her unfair dismissal claim, however, the ET found that, having failed to conduct a fair investigation, the employer had no genuine belief that she was guilty of the misconduct alleged.

No witnesses were interviewed, no warnings were given and there was no meeting with her prior to the text being sent. She was afforded neither a fair opportunity to answer the allegations nor a right of appeal. In the absence of a fair procedure, her summary dismissal fell outside the range of reasonable responses open to the employer.

She had, prior to her dismissal, informed the employer that she had sustained injury when she was thrown about in the back of a works van after the driver’s foot slipped onto the accelerator. The ET found that the reason for her dismissal was that the employer, who was in financial difficulties, was concerned that she might make a financial claim.

Her dismissal without notice was also wrongful and the employer had failed in its obligation to provide her with a written statement of particulars of employment. The compensatory element of her award was uplifted by the maximum possible 25 per cent to reflect the employer’s unreasonable failure to follow the Acas Code. Her total award came to £8,192, plus costs.

Care Home Operator Heavily Fined Following Resident’s Tragic Fire Death

Care home operators who fail in their duty to keep residents safe can expect severe punishment. That was certainly so in the case of a wheelchair-dependent man who was engulfed by flames whilst smoking outside the care home where he lived. The man, who had suffered a stroke, had been resident in the home for almost a decade. He was a known smoker and had been left alone in a sheltered outdoor area to enjoy a cigarette. He caught fire and, despite desperate efforts to extinguish the blaze, it…

Age Discrimination, Redundancy and the Burden of Proof – Guideline Ruling

Where an older employee is treated less favourably than a younger one in a similar position, the burden shifts onto the employer to prove that age discrimination had no effect on its decision-making. An Employment Tribunal (ET) made that point in the case of an administration manager who was made redundant at the age of 67. The man had worked for a car sales company for more than 20 years when he was selected for redundancy. He contended that his dismissal was pre-determined and motivated by…

Proposed Changes to Employment Law Outlined

As part of the legislative programme set out in the King’s Speech, the government has outlined changes to be included in the Employment Rights Bill, which is set to be introduced within the first 100 days of the new parliament. Proposed changes include:Banning exploitative zero-hours contracts. Workers will have a right to a contract that reflects the hours they regularly work in practice, ensuring all jobs provide a baseline level of security and predictability. It is also proposed that…