Waitress Accused of Stealing from the Till Succeeds in Unfair Dismissal Claim

A genuine and honest belief that an employee is guilty of gross misconduct is not, by itself, a viable defence to an unfair dismissal claim. An Employment Tribunal (ET) made that point in awarding compensation to a restaurant waitress who was sacked after being accused of pilfering money from…

Jan 24, 2023

Pexels burak the weekender 735869 1024x683

On reviewing the restaurant’s accounts, its owner said he discovered that till receipts were down by modest but round figures on a number of days. Referring to his diary entries, he asserted that the waitress was the only member of staff working on all of those days. She vehemently denied being a thief but was dismissed following a disciplinary process.

Upholding her unfair dismissal claim, the ET accepted that the owner held a genuine belief that she had stolen money from the till. However, it was not satisfied that his belief was a reasonable one or that the findings against her were based upon a reasonable investigation.

The ET accepted her account of the restaurant as a somewhat chaotic workplace in which till discrepancies were a not infrequent occurrence. The allegations she faced were inconsistent with the diary entries disclosed to the ET and were based on an assumption that cash shortfalls were rare on days when she was not on duty. She was awarded more than £4,000 in compensation, including in respect of 26 weeks’ loss of pay.

There Is No Duty to Maintain Pedestrian Thoroughfares in Perfect Condition

Highway authorities and private landowners alike are under a legal duty to address tripping hazards so that pedestrians can move around in reasonable safety. As a High Court ruling made plain, however, that is not a counsel of perfection. The case concerned a 64-year-old woman who suffered a nasty fall whilst making her way back to her car after purchasing a newspaper from a local shop. She launched a personal injury claim against the owner of the shop’s forecourt and the local highway…

Coarse Language in the Workplace – ET Upholds Harassment Claim

Even if the kind of coarse language used in traditionally male-dominated workplaces was once acceptable, it certainly is not today. An Employment Tribunal (ET) made that point in awarding substantial damages to an office administrator who was harassed by her foul-mouthed line manager. The woman worked at a lambskin processing plant, next to an abattoir. She resigned after less than a year in the job, citing what she viewed as her manager’s unacceptable, unpleasant and harassing behaviour. She…

Postman Sacked Following Flawed Investigation Wins Unfair Dismissal Claim

A finding of dishonesty against an employee is a grave matter that is highly likely to negatively impact on their future working life. In upholding a postman’s unfair dismissal claim, an Employment Tribunal (ET) emphasised that such a finding can only be justified following a thorough and reasonable investigation. The postman was accused of stealing a letter from a bank that had been left sticking out of a householder’s letterbox. The evidence against him included CCTV footage from a video…