Getting
the facts straight at an employment tribunal is a key part of any defence if
you go to the expense of time, money and effort in defending a tribunal claim. We
really don’t have to go very far to find some eye-rolling employment tribunal
stories that make you hold your head in your hands.
A sacked
manageress of a strip club near Windsor Castle challenged the decision by her
employer and brought a claim of unfair dismissal. The employer in question, Mr
Lumba, argued he dismissed Ms Harris for misconduct because Ms Harris had
assaulted him by striking him over the head with a diary.
When
the issue of misconduct came up in tribunal, Ms Harris appealed by maintaining ‘I
struck Mr Lumba AFTER he sacked me’.
Taking
the lack of evidence into account, the employment tribunal found that there was
no substantiated reason for the dismissal of Ms Harris and awarded her almost
£25,000 based on unfair dismissal, unpaid holiday, loss of earnings and not
having written terms and conditions.
Lesson:
record everything in dealings with your employees and maybe use an online diary
instead (!)
