The Employer Strikes Back
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.
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Eurofilms Extrusion Ltd
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McPhillips (Wellington) Ltd
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Sanita (UK) Ltd
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