The Employer Strikes Back

George Heron

George Heron

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Phone 01952 566918

26 July 2017

Fower v Shine

In the recent case of Fower v Shine, Mr Fower, who was on a final warning for a high level of sickness absence, sent a text to his manager asking for a day’s annual leave at short notice. He stated that the purpose for his request was so he could look after his sister’s children as his sister was in hospital.

It was subsequently discovered via Facebook that Mr Fower was, in fact, at a Star Wars convention in London on that day. Following disciplinary proceedings, Mr Fower was dismissed for gross misconduct on the basis of his dishonesty. Mr Fower was informed of his right of appeal but did not utilise this. He brought a claim for unfair dismissal but was unsuccessful. The tribunal held that his employer was entitled to view his actions as an act of dishonesty and the decision to dismiss fell within the band of reasonable responses.

In the judgment, the tribunal stated that a “particularly high standard of investigation enquiry is called for in the dismissal of an employee of good character with ten years’ service”. Mr Fower had attempted to deceive the Company and then maintained his lie until he was presented with the facebook evidence. As such, and given the full and legally compliant disciplinary process, the tribunal was satisfied that the decision to dismiss was fair.

At Alpha, we have a vast experience in providing bespoke, practical advice on HR and employment law issues. This includes providing advice on how to conduct a fair disciplinary process. We are proud of our commercial outlook and do not sit on the fence. If you would like to have Alpha on your side, please feel free to contact us.

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  • Martin Kaye

    Martin Kaye have provided advice in some highly complex HR matters and they continue to provide our day to day HR advice through their "ALPHA" HR scheme. They offer a very commercial and pragmatic approach and we have always been impressed by the level of service. The members of staff are approachable and easy to deal with.

    Eurofilms Extrusion Ltd

  • Martin Kaye

    Martin Kaye have provided us with employment and HR advice for several years and we have been very pleased with the level of service and quality of advice provided. We have no hesitation in recommending the team to any organisation which wishes to manage its employment related enquiries.

    D Wauchope, Company Secretary - McPhillips (Wellington) Ltd

  • Martin Kaye

    As a large employer of cleaning personnel, we require expert and prompt employment related advice. Martin Kaye's "ALPHA" service provides this in a clear and robust manner. We have been extremely impressed with the service and would thoroughly recommend them to any employer requiring expert HR & employment support.

    J Conry, Chairman - JPC Cleaning

  • Martin Kaye

    It is important for us to create a close relationship with our advisors. Martin Kaye's "ALPHA" HR service is excellent. It enables us to work closely with our lawyers particularly in the complex area of employment law.

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  • Martin Kaye

    ALPHA is an excellent, reliable, professional service which is an integrated part of our business that we could not do without.  This service is part of our structure and provides staff and business with the professional HR Support it requires - Invaluable

    Wendy Cox - Genvolt

Martin Kaye are rated 4.5 out of 5 based on 21 testimonials.