Tag: dismissal claims
The BBC news reported a story whereby a teacher Adrian Swain who had 30 years of teaching experience, had been dismissed for his failing to comply with a school uniform plan introduced in September 2008. The instructor had failed to hold to the plan that had been adopted by the school newly as he would not imagine that wearing coaches when providing teaching services had any impact upon his performance as a teacher, and, had been wearing coaches for a considerable period of time, without this having been highlighted to be a cause unfair dismissal claim for concern or problem.
Truth. May the school disregard? It might seem unusual but the school had argued that the simple fact that the instructor refused to comply with all the compromise agreement advice school uniform plan, as a failing on his aspect to follow a fair management instruction. In England and Wales , The Work Rights Act stipulates that gross misconduct offences normally warrant summary dismissal, that is dismissal without see. Yet an investigation into the offence should be carried out before a choice is taken on dismissing an employee. There will nevertheless should be a formal disciplinary hearing with all the particular allegations introduced to the employee prior to any formal hearing.
Question. What is gross misconduct? Ironically there are no difficult and fast rules on what conduct amounts to be gross to warrant summary dismissal. The only assistance that is offered is “misconduct that is so serious that it strikes at the really root of the employer-employee relationship, destroying the companies trust in the employee”.
So there are no legit difficult and fast rules of what conduct could well be gross to warrant summary dismissal. The companies are to set out guidance on whatever they would consider to be gross misconduct in their organization handbook and contracts of work. Some guidance is offered in the become examples, theft being the many clear, but as you troll down the list, you may come upon “wilful refusal to carry out or obey a fair management instruction”. It is actually this ground that the school is relying upon to justify the choice to disregard, the simple fact that the instructor had been asked to comply with all the school uniform plan, i.e. not wear coaches to school, his failing to comply with this instruction, constitutes the offence under the ambit of the ground.
Options? It will be interesting to see whether or not the school stands by the authentic choice to disregard given the potential consequences, other teachers having warned of taking strike action if it does, and given the news coverage, the option accessible is to reprimand the instructor by taking other action including substituting it with a final written caution, that can remain found on the employee’s file for a period of 12 months. If a further breach occurs of the same misconduct afterward the school has the option to depend upon this to go to the next level which is dismissal.
It will be interesting as guidelines suggest that the school should consider factors including the employee’s size of service, previous record and any mitigating factors. The Employment Tribunal will certainly take these factors into account when choosing whether a choice to disregard is fair or unfair. I will keep you updated as to how this case progresses.
Meera Yagnik completed her pupillage at 5 St Andrews Hill Chambers of Simon Draycott QC, London. Meera is presently a barrister (Door Tenant) at Temple Court Chambers specializing in all industrial and work law connected matters.She has extensive litigation experience before the Industrial Courts,Employment Tribunal and Appeal Tribunal. She furthermore lectures on a piece time basis for the ICSA Business Secretaryship qualification.She has furthermore offered lectures at solicitors offices on Business Governance under the Businesses Act 2006 and Work matters. Meera has furthermore offered information and assistance to many insurance, neighborhood authorities and solicitors companies on Work, Human Resources and Industrial matters.