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No Room for 'Sloppy Language' in Staff Discipline- 02/11/2010
Employers must take extra care when it comes to disciplining or dismissing employees, as using the wrong wording could result in them facing an Employment Tribunal and losing a case for unfair dismissal, warns a leading Wolverhampton employment lawyer.
Tracy Worthington, Partner and Head of Employment at West Midlands law firm FBC Manby Bowdler LLP, says that when giving reasons to employees for actions taken against them, employers should be as clear as possible.
“There is no room for any sloppy language or imprecise meaning, otherwise the employee may have a successful claim for unfair dismissal,” explains Mrs Worthington, who is based in FBC Manby Bowdler’s Wolverhampton office.
A recent Employment Appeal Tribunal (EAT) found that an employee's dismissal was unfair following an allegation that she was responsible for the ‘loss of £3,000’, when the real reason for the dismissal was the employer's belief that she had stolen the money.
It confirmed that it is a 'fundamental right' that an employee who is accused of dishonesty should have that allegation put to them.
Mrs Worthington says: “By not stating clearly to the employee that the decision maker at the employers believed that she had stolen the money, the EAT found the employee had no chance of defending herself against allegations of dishonesty and therefore her dismissal was unfair.
“When dealing with staff discipline, employers must set out precisely the nature of disciplinary allegations to employees in any letter suspending them, or inviting them to a disciplinary hearing, avoiding ambiguous phrases,” concludes Mrs Worthington.
With 36 partners, FBC Manby Bowdler is one of the largest law firms in the West Midlands. The firm has offices in Wolverhampton, Willenhall, Telford, Shrewsbury and Bridgnorth.