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Dismissal Unfair Despite Calling a Colleague a “Knob-Head”

This recent case highlights the importance of following the ACAS code of conduct when dealing with disciplinary matters correctly, before dismissing an employee.

The employee, Mrs Smith, was dismissed for gross misconduct for emailing a colleague referring to another colleague as a “knob-head”. Her first disciplinary hearing was postponed when she was ill, but her employer refused to postpone the re-arranged meeting when her union representative was unable to attend. The Employment Tribunal rendered the dismissal “unfair procedurally and fatally flawed”.

Mrs Smith was found to have been unfairly dismissed and awarded over £20,000.

Read the full judgement here.

If you need any help and advice in relation to a disciplinary matter, please do not hesitate to contact me or the team on 01133 50 40 30 or at hello@scesolicitors.co.uk.

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SCE Solicitors is a boutique employment law practice based in Leeds which advises clients nationwide.  Please note that the information in this blog is to provide information of general interest in a summary manner and should not be construed as individual legal advice. Readers should consult with SCE Solicitors or other professional counsel before acting on the information contained here.

Emma Roberts

Trainee Solicitor at Sce Solicitors Ltd
Emma is a trainee solicitor at SCE Solicitors. Emma commenced her training contract in September 2018 and is currently working in the employment law department assisting director Samira Cakali. Emma also assists in the running of the firm’s myHR service where she can support you in the day-to-day management of your staff.
Emma Roberts

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Emma Roberts

Emma is a trainee solicitor at SCE Solicitors. Emma commenced her training contract in September 2018 and is currently working in the employment law department assisting director Samira Cakali. Emma also assists in the running of the firm’s myHR service where she can support you in the day-to-day management of your staff.

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