Call us on: 0333 2400 308

June 25, 2013

Tribunal Tales – An Apple a Day Keeps the Dental Nurse Away

A dental nurse brought a claim for constructive unfair dismissal against her employer after being given a final written warning for eating an apple at her desk.

At the disciplinary hearing, the employer raised concerns about the employee’s recent conduct and incidents that had come to their attention. Her employer also accused her of ignoring other practices and procedures within the workplace. The employee had not been notified of these allegations prior to her disciplinary hearing.

The employee was given a final written warning by her employers and subsequently she resigned feeling that the sanction imposed was too harsh. This resulted in the employee bringing a claim for constructive unfair dismissal.
The Employment Tribunal found that the employee had been constructively unfairly dismissed, and the employee won her claim.

This case is a reminder to all employers about the need for any disciplinary sanction to be appropriate in the circumstances; to reflect the severity of the disciplinary offence; and not impose too harsh a penalty on the employee. Failure to do so may cause the employee to resign as a result of the sanction being a fundamental breach of the implied term of mutual trust and confidence, and bring a constructive unfair dismissal claim to the Employment Tribunal.

Not Sure Where To Start?

Find Out More

Are you taking on your first member of staff or wondering if you’re compliant with GDPR, maybe you’re unsure if your HR processes are rigorous enough? Get in touch with Navigator today and see how we can help your organisation.

Call Us Now on: 0333 2400 308

or

Newsletter Subscription

Sign Up to the Navigator Newsletter

Stay informed with the latest changes in employment law, health & safety, HR and data protection including noteworthy cases, upcoming events and other useful articles.

We only use your details to send you our monthly newsletter along with event invitations and other useful articles. You can unsubscribe any time.

Contact Us

Get in Touch

0333 2400 308

enquiries@navigatorlaw.co.uk

Floor 3
1-4 Atholl Crescent
Edinburgh
EH3 8HA

Newsletter Subscription

Sign Up to the Navigator Newsletter

Stay informed with the latest changes in employment law, health & safety, hr and data protection including noteworthy cases, upcoming events and other useful articles.

We only use your details to send you our monthly newsletter along with event invitations and other useful articles. You can unsubscribe any time.

Contact Us

Get in Touch

0333 240 308

enquiries@navigatorlaw.co.uk

Floor 3
1-4 Athol Crecent
Edinburgh
EH3 8HA