THE SCOTSMAN - 22 JULY 2006
BUTCHER FIRED FOR TAKING TOO MUCH LEAVE WINS £2,000
A butcher, who lost his job after going on a Mediterranean cruise over Christmas and New Year when he had already used all his holiday leave, has won almost £2,000 compensation.
David Hunter, 63, from Aberdeen, took Laidlaw Butchers to an employment tribunal complaining he had been unfairly sacked.
The tribunal noted that Mr Hunter paid the £2,500 cost of the cruise in October 2005 yet had done nothing in the ten months leading up to the point of his dismissal to ask if he could take holidays at a particularly busy time.
Tribunal chairman Reg Christie said it was probable Mr Hunter intended to take the cruise "regardless of consequences as far as his employment was concerned''.
However, the tribunal concluded that the firm had not followed statutory procedures. It failed to set out in writing and send Mr Hunter a statement of circumstances under which dismissal was contemplated, and failed to invite him to a meeting.
He was found 75 per cent to blame and his compensation reduced from over £7,000.
THE ARGUS - 12 APRIL 2006
TEENAGER WHO SLEPT AT WORK WINS £10,000
A yard-worker who was sacked after being photographed sleeping on the job has been awarded almost £10,000 for unfair dismissal.
Steven Lord, 19, was fired from his £250-a-week job at Parker Building Supplies when bosses were shown a mobile phone picture of him taking a snooze in the staff canteen when he should have been working.
But an employment tribunal in Brighton yesterday ruled the Uckfield-based firm failed to follow correct procedures and ordered it to pay Mr. Lord £9,266.86 compensation.
Tribunal chairman Keith Bryant said the company had failed to comply with dismissal and disciplinary employment laws.
He said: "It did not set out in writing the allegation against Mr. Lord and it did not offer him right to appeal, which is his legal right."
HOW HR2all CAN HELP...
Unfair Dismissal
The correct process must be followed in all disciplinary matters. Failure to comply with the statutory dispute procedure may result in a claim against the employer for breach of contract or discriminatory treatment. Where an employee has been dismissed the dismissal will automatically be considered to be unfair, even if the tribunal agrees that the employee was guilty of misconduct.
Beprostaff provides a step by step guide on how to take disciplinary action, and enables you to quickly and simply produce the necessary letters informing employees of the process and their rights at each stage. For additional peace of mind, individual cases can be discussed with our legal helpline at any time of the night or day. |