Dismissed because you broke the rules? Read this.
If an employee performs badly or breaks company rules, their employer has a range of options. Depending on the seriousness of the action, they could train them, go through an informal or formal grievance procedure, or dismiss them.
If dismissal is an over-reaction considering the circumstances, you might be able to make a claim and win compensation or get your job back.
That’s what happened to Anthony Trice. He worked for Southeastern (a trading name of London & South Eastern Railway Limited), and usually operated the ticket gates at Ashford International. After breaking his ankle, Anthony was moved to ‘light duties’ at the ticket office at Paddock Wood railway station.
In January 2018, his colleague left the ticket office to go to the shop, leaving Anthony alone. So, when a passenger requested a ticket, Anthony sold one.
However, he wasn’t authorised to do this.
The company held an internal disciplinary meeting, where Anthony showed contrition, admitted he had acted incorrectly and accepted he should behave differently in future. However, Anthony was dismissed while his colleague was only given a warning.
The employment tribunal found that Anthony’s behaviour was misguided, but his motive was to assist a customer. This wasn’t a dismissable offence. Instead, it should have been treated as misconduct, and merited training and perhaps a warning.
Anthony was therefore awarded £25,000 in compensation for unfair dismissal.
What this means to you
If you perform badly at work, or break the rules, your employer’s response has to be proportionate. If they behave unfairly, you have the right to make a claim against them.
As employment lawyers, we act on the side of employees. So, if this applies to you, get in touch and we’ll let you know how we can help.
Further reading
For more information on this subject, you might find our other articles useful:
- So you’ve lost your job. But was it unfair?
- How do I claim for unfair dismissal?
- Unfair dismissal: Is it too late for me to claim?
Dismissed because you broke the rules?
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