Passing the buck? Dismissal recommended by external consultant was fair
For a dismissal to be fair, the employer must show that the reason for dismissal or, if more than one, the principal reason is one of the categories of potentially fair reason under the legislation (conduct, capability, redundancy and so on). The ‘principal reason’ wording is included to cover situations where the facts cover more than one potentially fair reason — both conduct and capability, for example. In addition, the employer must have acted reasonably in treating that reason as sufficient to justify dismissing the employee.
In GM Packaging v Haslem, the managing director of a small company asked an external HR consultant to advise on whether a senior manager who had engaged in sexual activity with a member of staff at the workplace, out of hours, should be dismissed. The consultant investigated and, taking into account derogatory remarks made by the claimant about his employer, advised the employer to dismiss. The employer followed the recommendation.
The tribunal held that although it was reasonable, given the size of the employer (nine employees), to delegate to the HR consultant, the principal reason for dismissal, in the managing director’s mind, was purely the sexual activity in the workplace. This was not gross misconduct and could not therefore justify dismissal…
Click on the link below to read the rest of the Hogan Lovells briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Hogan Lovells
News from The Lawyer
Briefings from Hogan Lovells
The decision of the US Court of Appeals has raised questions about how issuers should present their disclosures on conflict minerals under Exchange Act Rule 13p-1 and Form SD.
An interesting judgment was delivered by the Honourable J Majiki on 19 November 2013 in the Eastern Cape High Court, Port Elizabeth.
Analysis from The Lawyer
As international firms question their future in these small, closely linked markets, local lawyers too are eyeing the business environment with caution
Beyond the headline infrastructure projects, UK construction work is still recovering from the clobbering it took during the slump