The vast majority of commercial enterprises have faced the most difficult challenges arising from the impact of lockdown and the cost-of-living crisis. The consequences have had a game-changing effect on the workplace with many employees still working from home either on a hybrid working basis or full time working from home basis. Communication between employers and employees can become disrupted but when faced with a disciplinary situation it is imperative that employers ensure that the required legal procedures and processes are followed.
In the event of having an underperforming employee that is being considered for dismissal, the minimum procedure for the dismissal to be procedurally fair is that they must be informed that their conduct has been noted and found to be unacceptable and that there is the possibility of dismissal. This should be followed by a meeting where the employee can have the opportunity to address the issue and challenge the possibility of dismissal and put forward any mitigating circumstances by way of explanation.
Daniel Theron, a partner, pointed out "if due procedure is not followed an employee may be considered to have been unfairly dismissed and if a case is brought in the Employment Tribunal the employee will almost certainly be given an award" Daniel further commented "the level of award may be reduced dependent on the nature of the employee's conduct whilst still working in the company and whether, in any event, a fair dismissal may have taken effect in any event. Abusive behaviour or repeated inappropriate behaviour leading to damage in the workplace may result in a deduction in the amount that the employer will have to compensate the former employee. However, an employer found to not have complied with the ACAS code of practice may need to pay an employee an increased award under s207(A) TULRC(A) 1992".
Giambrone & Partners' expert employment lawyers strongly advise business owners to undertake regular training for team managers to update them on the processes and procedures with regard to disciplining and managing staff to avoid being in the position where an aggrieved employee receives a substantial award that may impact on the finances of the business due to failure to adhere to employment law. Failure to comply with the due processes and procedures may cause significant difficulties to businesses which could be avoidable.
The financial impact is often only part of the consequences to the company's or the owner's reputation, and they can have far-reaching effects. A recent case involving a café owner's "playground" behaviour towards a member of staff resulted in attacks on the property and eventually the loss of customers, which has brought the business to a standstill and the owner faces economic ruin.
Our employment lawyers point out that there is no set figure with regard to awards and there have been high figure awards granted by the employment tribunal recently which take into account unfair dismissal and a number of other claims. Awards have forced some companies into insolvency. We can provide periodic training for businesses wishing to keep up-do-date with any changes in the law and avoid the risk of staff compromising the company by failing to recognise the correct way to deal with a staff issue or advise in relation to case specific issues with employees.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
