Part-Time Porn Star Unfairly Dismissed
21 September 2016
An administrative assistant at the Liverpool Community Health Trust was, without the Trust’s knowledge, supplementing her income by partaking in various activities, including taking part in pornographic movies. This behaviour came to the attention of one of her colleagues who then informed the Trust. The colleague stated that, if the admin assistant wasn’t dismissed, then her alternative means of income would be leaked to the media.
The Trust questioned the employee about whether these accusations were true – and she openly admitted that they were. She was duly suspended pending disciplinary action. As is often the case, she was signed off sick shortly after being suspended. During this time, it is said that she was given an ultimatum by the Trust. Effectively, it was made clear to her that unless she resigned she would be dismissed. She didn’t resign and was sacked.
The former employee of the Trust then brought a claim in the employment tribunal, alleging that she had been unfairly dismissed. The fact that no proper disciplinary procedure had been followed was highlighted as a significant contributory factor in the judge’s decision to find that she had been unfairly dismissed. The judge determined that, had a proper process been followed, she would have been dismissed in any case. Nevertheless, the failure to follow the correct procedure resulted in an award of around £2,000.
The case therefore highlights that, even when it appears that dismissal is inevitable, employers must always ensure they act in a fair manner. On the spot dismissals simply invite open wallet surgery before the tribunal. It is imperative that a sound disciplinary process is followed.
At Alpha, we have a vast experience in providing bespoke, practical advice on HR and employment law issues. This includes providing specific advice on how to conduct a legally compliant 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.
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 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
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
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.
Johnny Hobeika, Operations Manager
Sanita (UK) Ltd
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
Martin Kaye are rated
out of 5
based on 20 testimonials.