It’s Not Always What But How!

An employee of yours is off sick and is spotted by a friend of yours drinking in a local pub…Do you have the right to dismiss the person or not?

Your initial reaction may well be “Of course, he(she) was supposed to be off sick and at home.”

Right? Well it all depends.

In a recent employment Tribunal, an employee who had been dismissed on the the grounds of  breaching the company’s disciplinary rules was  found to have been unfairly dismissed. Damages have not yet been announced.

However, the tribunal heard that the reasons for  the judgement were not that the employee had the right to visit the pub while off sick, but the manner of the investigation and  evidence provided.

Once again, tribunal decisions bring home the message that whatever the allegations, employers must follow  procedures. And the continuing message from that is that whenever you are faced with any disciplinary issues, take relevant professional advice before taking any action to avoid situations like this.

The Graham Agency, keeping you informed.

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