Posted by Richard Woodman, Partner
On 1 September 2016 Withy King LLP merged with Royds LLP. The trading name for the merged firm is Royds Withy King. All content produced prior to this date will remain in the name of the firms pre-merger.
Firm was within rights to sack worker on a final warning
An employer was within their rights to sack a member of staff who described a management decision as “fascist” before walking out of a meeting.
In the case of Cogman v Stannah Stairlifts Ltd, the Employment Tribunal had to consider an unfair dismissal claim brought by an employee of the manufacturing company.
The Tribunal heard that the claimant had attended a succession of disciplinary hearings over a 10-month period.
In the first incident he was found to have abused a canteen assistant and subsequently he was reported to have threatened a colleague during an argument.
At this stage he was handed a final written warning and told that any further misconduct during the course of the next year would result in him losing his job.
Despite this he was later accused of becoming “aggressive” at a business briefing, interrupting others and ignoring attempts to calm him down. It was reported that he had taken issue with an announcement that the use of mobile phones and headphones was to be banned while machinery was being operated.
He eventually left the meeting and bosses subsequently held a third and final disciplinary hearing.
The Tribunal concluded that Stannah Stairlifts had “clear, reasonable and obvious” grounds for their decision to dismiss the member of staff – having previously warned him that further misbehaviour would leave them with no other option.
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