Long serving P&O Employee awarded more than £40,000 following flawed dismissal process

A long-serving employee was awarded more than £40,000 after an employment tribunal found serious problems with the way their dismissal had been handled. The case involved allegations of inappropriate physical contact and offensive language towards a colleague. The employee denied the allegations and had a clean disciplinary record spanning almost three decades. An internal investigation initially recommended that no disciplinary action should be taken, suggesting training and mediation instead. However, the investigating manager later changed their conclusions and recommended disciplinary action.

The tribunal found that the investigator had been influenced by pressure from others within the organisation. Importantly, additional evidence was gathered without giving the employee a proper opportunity to respond, and potentially relevant witnesses were not interviewed.

The employee was eventually dismissed for gross misconduct. An internal appeal upheld the decision.

The tribunal found that the original investigation had been reasonable and balanced, but that subsequent interference had undermined its reliability. It also criticised the employer for failing to provide relevant correspondence until ordered to do so during the tribunal proceedings.

The dismissal was found to be unfair, and the employee was awarded £40,807 in compensation, although payment was put on hold pending an appeal. The case is a useful reminder that a fair disciplinary process is just as important as the final decision.

Employers should ensure that investigations are independent, balanced and based on the available evidence. Investigating managers should be allowed to reach their own conclusions without inappropriate pressure from colleagues or senior management.
Employees should also have a reasonable opportunity to respond to new evidence, and relevant witnesses should be considered before important decisions are made.
A long and previously clean employment record should also be taken into account where appropriate.
Finally, employers should keep clear records and comply fully with their disclosure obligations if a dispute reaches tribunal.

A flawed investigation can affect every stage that follows. Even where allegations are serious, employers should ensure that disciplinary and appeal procedures are fair, impartial and properly documented before deciding to dismiss. Should you require advice in disciplinary matters, contact 121 HR Solutions on 0800 9995 121.

Long serving P&O Employee awarded more than £40,000 following flawed dismissal process

121 HR Solutions Ltd