HR Case Studies
We represented a retail client who had discovered an employee had falsified sales records. We advised on the process and the employee was subsequently dismissed for gross misconduct.
The employee claimed disability discrimination on the basis that she had suffered from depression on a long term basis leading up to her dismissal. The employee refused to attend two disciplinary meetings on the grounds of ill health, and a final disciplinary meeting was held in her absence.
This was a complex case involving several key issues, namely an undisclosed medical condition that the employee claimed was ‘common knowledge’ amongst colleagues, failure to attend disciplinary and appeal meetings and a refusal by the employee to answer the allegations.
The case went to a four day Employment Tribunal Hearing. We represented our client and won the case.
We were introduced to our client via a recommendation from an existing client. The Company had no employment documentation. We drafted new employment contracts for all employees and an employee handbook containing all the policies and procedures the Company needed to effectively manage the relationship with their employees whilst complying with both legislative and good practice requirements.
An employee fell on ice and broke his collar bone. He was a hard working employee and our client wanted to be as supportive as possible. He exhausted his Company sick pay and, eventually, his Statutory Sick Pay. We advised on the appropriate process, including obtaining access to the employee’s medical records. We met with the employee throughout his period of sickness absence, alongside our client, and when it became clear that the employee would not be fit to return to his original position as a Warehouse Operative, we advised on appropriate reasonable adjustments.
In this case, there were no adjustments our client could make, given the size of the company and the nature of the employee’s role. There were no suitable alternative roles the employee could perform. We had a final meeting with the employee, and his employment was terminated. This case required sensitive handling with a long serving, hard working employee. The employee accepted the decision and we arranged a subsequent visit to enable the employee to say goodbye to his colleagues.
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