£10,000 Compensation in Unfair Dismissal Claim
An Unfair Dismissal Case Study - Client situation
Mr F who lived in Macclesfield, worked for a large hospital as a Ward Porter. His job involved moving patients and equipment around the hospital.
In the course of his duties Mr F was accused by a hospital visitor of using foul and abusive language, including calling the visitor “a fruit cake”. The person involved in the incident lodged a formal complaint with the hospital which led to an investigation.
Mr F was accused of gross misconduct. His employer stated this was due to the interaction with the visitor and an allegation that he had brought the hospital Trust into disrepute.
Mr F disputed the allegation the visitor made. He also questioned whether he had been at the particular location when the incident was supposed to have happened.
His employer dismissed Mr F summarily and despite an appeal being made, they upheld his dismissal.
How We Helped
Mr F contact our Employment Law Solicitors for legal advice about his situation.
At first, it seemed that Mr F’s employer had followed a fair procedure – after all they had investigated the incident, asked Mr F for his input and then made a decision based on those facts.
But when our Employment Lawyers reviewed the evidence, it quickly became clear that the witness statements obtained were inconsistent. The person complaining had supplied a number of different versions of what is alleged to have happened and several of the accounts could be discredited.
Despite this, the case was not straightforward. Ultimately, the core allegation against our client did appear to reflect conduct which could have upset the visitor, even though the precise words that were said were unclear.
One of our expert Employment Law Solicitors represented Mr F at the Hearing.
After a day of evidence and legal submissions, the Employment Tribunal decided in a written Judgment that our client had been unfairly dismissed.
The Tribunal was critical of the employer’s approach in relation to the investigations, noting that it had taken many months for the matter to be concluded, and Mr F had been suspended for this whole time. The Employment Tribunal also found that the final part of the investigation gave the impression that the employer wanted a particular factual outcome, namely Mr F’s guilt.
Once the Judgment was issued, we negotiated with Mr F’s former employer and the case was settled before another Hearing to decide how much compensation should be awarded.
Mr F received £10,000 compensation tax free. This sum was decided by amounts payable for an Unfair Dismissal case, and because our client had also secured alternative employment.
Mr F was pleased that his personal reputation within the hospital community had been restored. Receiving a written Judgment from the Employment Tribunal saying that he’d been unfairly dismissed meant a lot to him because the allegations involving a hospital visitor were serious.
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