30 Jan 2025

Poor timekeeping wins £10k at tribunal….

Has this got your attention? It certainly did when we saw this headline! 

A recent Glasgow Employment Tribunal case serves as a cautionary tale for businesses on the importance of fair dismissal procedures. A hairdresser with ADHD was awarded over £10,000 after being unfairly dismissed for alleged misconduct. The case highlights several critical mistakes made by the employer and provides valuable lessons on how to avoid similar pitfalls.

What went wrong?

  • Judge rules there was no clear reason for claimant’s dismissal after employer first attempted to make her redundant before changing to misconduct.
  • A hairdresser with ADHD has been awarded more than £10,000 by a Glasgow Employment Tribunal, for unfair dismissal after being let go by letter at the end of a shift for misconduct issues, despite her employer originally framing the sacking as a redundancy.
  • No further issue was raised with the claimant regarding the number of appointments, the lack of repeat appointments or complaints by customers between the February meeting and her dismissal in June 2023 – 4+ months.
  • The letter did not offer the claimant a right of appeal, and she was paid £10,043.19 – equivalent to statutory redundancy pay as well as any wages and holiday pay due to her.
  • Judge’s decision - On the claim of unfair dismissal, the employment judge said: “The tribunal considers that the respondent’s position on the reason the claimant was dismissed is so hopelessly confused that the tribunal is not persuaded that the respondent even knows why they dismissed the claimant.”

How can you avoid this kind of problem in your business?

To avoid similar legal issues, businesses must implement fair and transparent dismissal procedures. Here are the key takeaways:

1. Address concerns in real-time: TALK to employees about concerns WHEN they happen, don’t pull them all together when things are going wrong and think that is acceptable!

2. Establish clear standards and expectations: Be upfront on any desired standards / ways of working – remove ambiguity.

3. Maintain consistency but allow for individual needs: Treat all employees the same way but consider any adaptations and alterations to each individual employee needs.

4. Be honest about the reason for dismissal: If there are issue/s – be clear what they are. Don’t try and ‘hide’ behind a reason that feels legally ‘safe’…….it probably isn’t!

5. Get the facts right: If referencing reduction in sale / clients etc, quantify and qualify this information, then share it.

6. Monitor and review adjustment: If reasonable / adjustments are put in place – monitor them. Ensure they are working for both the business and employee, if not, address any concerns.

7. Lastly……give the right to appeal where it is required.

If this resonates with a current employee concern and you need support – contact us now on 📞 01522 275105 or 📧 info@thehrbranch.co.uk