Dunfermlinepress.com reported last week that Dunfermline Electronics firm Simclar International Ltd have been ordered to pay Alexander Shand £8009 after an Employment Tribunal panel concluded the his sacking for failing to clock out to attend a hospital appointment was unfair.

Remarkably, the firm’s original decision to dismiss Mr Shand for ‘gross misconduct’ was upheld following an internal appeal lodged by Mr Shand.

The employment tribunal hearing  were told that in the opinion of Robert Waterson, Simclar’s Director of Operations, Mr Shand’s failure to clock out to attend the hospital appointment was ‘deliberate’ and amounted to ‘stealing money from the company’.

Clearly the employment tribunal disagreed and so ordered Simclar to pay out £8009 in compensation stating that the dismissal was “outside the range of reasonable responses” for an employer to take.

Have you got a hot staff issue at work you need to deal with?  Follow these simple steps to prevent potential problems:

1.  Gather the facts now while things are still frsh and before memories fade

2.  Have a ‘quiet word’ in private…………..is there a case to be answered?  Remember, this is not a disciplinary hearing its a fact find.

3a.  If the answer to the question above is ‘NO’ then consider the matter to be over and don’t leave any bad feeling.

3b.  If the answer is ‘YES’, be clear about what needs to be done to improve; when you might speak again and what could happen next (ie formal action).

4.  If needed, offer help (eg training or counselling) and be sure to keep written notes.

Whilst initiating disciplinary action seems straightforward, doing it properly is critical in ensuring you avoid costly employment tribunal action resulting in you having to pay out thousands of pounds in awards and legal costs.

Are you concerned about taking disciplinary action with an employee because you might end up facing an employment tribunal?

Are you unsure whether your staff contracts of employment and HR policies are up to date with current uk employment laws?

Do you avoid addressing key issues like poor performance and staff absence because you don’t think you can discipline staff for these sorts of things?

If you answered ‘YES’ to any of these questions you’re not alone.  We speak to companies everyday who say exactly the same thing!

We provide Employment Law Advice and HR Services to UK based SMEs that helps prevent problems and protects businesses.

Call us today on 0800 612 4772 to arrange a free HR consultation to find out how we can help YOU prevent problems and protect YOUR business.