Dealing with problem employees is one of the hardest jobs that any employer has to face. Taking a single step wrong can lead to lengthy, expensive and stressful unfair dismissal cases.
This was proven in a recent case involving a hotel Chef. One evening, when he was not on duty, he had a row with his girlfriend which got out of control and the police were called. He bit, spat blood and broke one of the Police Officer’s fingers. He was eventually jailed for 18 months for assault. His employer dismissed him but did not interview him to get his version of events and did not inform him of the decision to dismiss until 6 months after the event (Harvey v Vista Hotels 2015).
The ruling verified that this was an unfair dismissal. The company had acted with a total disregard for their own disciplinary procedure. They should have made some attempt to carry out an investigation and should have contacted him in prison to explain their dismissal decision, with the opportunity to appeal. The error of this medium-sized business, with their own HR department, cost themselves £11,000 in compensation.
If you would like assistance with handling a disciplinary matter or any other HR management issue please contact the ProAktive Employment Services Team on 01302 341344.