Leading Swansea solicitor urges businesses to think twice after employment tribunal win
Established law firm Peter Lynn & Partners has reiterated the importance of following correct legal procedures when dismissing employees.
The Swansea-based legal practice recently celebrated successfully pleading a case of unfair dismissal that was heard by the Employment Tribunal in Cardiff.
The Tribunal found that the Respondent had failed to follow any kind of fair procedure, and is likely to award a five figure sum in damages to the Claimant.
“The case hinged massively on procedural unfairness. The Respondent failed to adopt any form of procedure before coming to the decision to dismiss the Claimant, and it continued in the same vein when the dismissal was appealed,” added Robert Davies of Peter Lynn & Partners.
“The directors who attended the hearing and provided statements on behalf of the Respondent were completely oblivious to the ACAS code of practice and the fact that a procedure must be adopted in situations such as this.”
The firm’s recent Employment Tribunal success acts as a reminder to all employers to follow proper procedures when disciplining and dismissing employees, and that the size of the organisation, however small, will be expected to follow, at the very least, guidelines set down by ACAS. Without the right processes in place, the dismissal is always likely to be deemed unfair.
“Having clear and concise internal procedures in place to deal with both grievances and disciplinaries for employers to follow is essential, and this recent case highlights the consequences for not doing so,” said Senior Partner Peter Lynn.
“It is very apparent that employers, especially smaller ones, do understand what is required of them under the law. Ignoring your legal obligations as an employer will only leave your company or firm wide open to damages and cost losses.”