This month's issue - disciplinary procedure
This month's issue - disciplinary procedure (September 2007)
Managers who adopt an overly hard hitting and forceful personality in the workplace are a growing problem for businesses. Encouraged by a ‘no-nonsense’ business culture that models itself on television shows like ‘The Apprentice’, they often overstep the mark, creating office soap operas that make life miserable for their co-workers, hurt their future prospects and often cost their employers dearly at employment tribunal. Recent cases on age discrimination, sex discrimination, harassment and bullying at work have highlighted the dangers they can pose to businesses.
The cases
Earlier this year, Craig Taylor, a supermarket worker at Somerfields filmed a video of his colleagues hitting each other with a plastic bag filled with other plastic bags and posted it on the video sharing site ‘Youtube’. After seeing the footage on the internet, his managers called him into a disciplinary meeting and dismissed him for ‘bringing the company into disrepute’. Taylor, who had worked at Somerfields for six years, took the company to employment tribunal. The tribunal ruled that the video had not damaged Somerfield’s reputation, and the company was ordered to pay Taylor £2,283 in damages.
In a written judgment, tribunal chairman Mr Christie stated: "Whilst it (the video footage) sounded unlikely to have matched the humorous content of the Monty Python Fish Slapping Dance, it could not in the eyes of a reasonable viewer have indicated a lack of concern for matters such as health and safety as was claimed by the respondents (Somerfield)". If an employee commits an act of gross misconduct, an employer has the right to dismiss the employee without notice. However, gross misconduct does not mean that the employee can be dismissed on the spot. There is an obligation for the employer to investigate allegations and carry out any dismissal in accordance with a fair procedure.
Of course it is not just managers who are guilty of being overly authoritarian in the workplace; employees can be just as forceful to their superiors. In late August Marco Morana, a man clearly inspired by Gordon Ramsay, was fired from his job as the head chef at Barca Tapas in Glasgow after his manager threatened to quit if he stayed. Among Marco’s misdemeanors were swearing at a waitress when she asked him what the soup of the day was, calling the restaurant director at home to yell at her about food presentation, making his assistant manager cry and calling his boss's son ‘a f****** muppet’. Weekly management meetings were abandoned after four weeks because Mr Morana reacted adversely to criticism and left in the middle of three of them. Mr Morana was summoned to a disciplinary hearing and offered to apologise, but was sacked. Despite Morana’s many outbursts, the employment tribunal awarded him £6,000 in damages, finding that his employer has not followed the proper procedures.
How we can help
Remember that in cases of this sort, the employer must conduct an investigation which is fair and reasonable. Make sure you carefully follow the disciplinary procedure contained in our Employee handbook and consult the telephone legal advice line whenever you are considering dismissal. Mistakes will be costly.
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