Our client

We were instructed by The Anne Arms, a family run pub and restaurant in Doncaster, to defend an Unfair Dismissal claim in the Employment Tribunal.

The ET1 claim form indicated that an employee, who had been dismissed for gross misconduct, now wished to pursue a claim for unfair dismissal against the business, and wished to recover compensation in the region of £10,000.

The Landlord and Landlady wished to defend the claim on the basis that they had investigated the allegations of gross misconduct, obtained evidence, allowed the employee the opportunity to explain their actions, and reached a fair conclusion to dismiss the employee.

Our Role

1. Represent the Respondent in the Employment Tribunal claim, complying with all case management directions and corresponding with the Claimant, Tribunal and ACAS.
2. After an extensive consultation and review of all available documentation, the ET3 was completed and the Grounds of Resistance drafted, setting out our full defence and reasoning.
3. Our client had no insurance to cover the cost of the claim, and instead, we agreed fixed fee stages where possible. We also advised and supported the client in doing some of the work themselves, to minimise the costs.
4. We gave the client practical advice on settlement and the benefits of making cost effective commercial offers to finalise the claim, without admission of liability, misconduct or blame.
5. We considered the merits of making an application to have the claim struck out and advised our client on the likelihood of success.
6. We put in place legal arguments to ensure that, should the Tribunal rule in favour of the Claimant, the Respondent would have to pay as little as possible by way of compensation.
7. We provided personal support by email and telephone to help our client through this difficult and stressful period.

The Outcome

Despite our efforts, negotiations were unsuccessful and the claim proceeded to a full hearing at the Sheffield Employment Tribunal. After hearing evidence from 6 witnesses, the Judge found in favour of our client, the Respondent and dismissed the Claimant’s claim for Unfair Dismissal. The Claimant has since gone on to request a reconsideration from the Employment Tribunal which was rejected.

Our client’s comments:

“Thank you for everything and we are all relieved and very happy with the result and with the service you provided for us. Mr Weiss he was fantastic and thank you for the support you both gave us through a very difficult time in our lives.”

For advice and representation on employment law cases call us on 0114 303 2300 or email hello@bhayanilaw.co.uk

For information on our fixed fee HR & Legal package, Watertight HR, see here

Did you know that under UK discrimination law, an employer is liable for an act of an employee which is done in the course of employment, even if the employer did not know about it or approve of it?

The employer has a defence if it can show that it took all reasonably practicable steps to prevent the employee committing that act- and one of these steps is ensuring all your employees have undergone Equality Training.

As an experienced HR and Employment Law firm we have seen first-hand how much a discrimination case can affect both the employee and the employer.

Not only in terms of the potential money spent on bringing and defending the cases but also the negative impact it can have on both the individual, the organisation and the teams around them.

We offer bespoke in house training designed to help you learn more about embedding equality and diversity into your team and the competencies needed to achieve this.

Showing ownership and visibility around equality is of vast importance to ensure compliance and protect yourself from potential claims at an Employment Tribunal.

The course focuses on the question of what needs to change and what needs to be done to achieve equality, diversity and inclusion within your organisation.

Objectives of the Course

• to explore how equality and diversity can be embedded more effectively within your business
• to explore best practice and showcase practical examples
• to understand the benefits of equality and diversity

Tailoring

We like to tailor all our training sessions to meet the needs of the organisation, so we would go through your specific requirements and develop a course to meet those requirements.

How is the training given?

All our training courses are given by experienced professionals who have first-hand experience of both bringing and defending discrimination claims in the Employment Tribunal. We offer a range of methods to help participants develop both skills and knowledge. These include direct formal input, small and large group discussions and exercises and case study material.

Who should attend the course?

We recommend that all employees, no matter what level, receive equality training so that they have a clear understanding of their rights and responsibilities under the Equality Act. At the very least, all directors, managers, HR professionals and trustees should undergo training to enable them to filter this information down to their teams.

Venue

We are happy to come to you to undertake the training at a time and place which suits you and your team.  We can also arrange for a suitable venue if you would prefer to do the training off site.

What do you need to do next?

To discuss a bespoke training package for your business, please do not hesitate to contact us on 0114 303 2300 or email hello@bhayanilaw.co.uk We can tailor our courses to suit all budgets and group sizes.

As a thank you to all our clients, we would like to offer you an incredible discount on our upcoming HR How to Workshops!

For all 2016/2017 workshops booked on or before 23 December 2016, you will receive a massive 50% off!*

See below for our full programme of workshops…

HR How To…	Dates	Time
Conduct a Disciplinary or Grievance Hearing Procedures. The Hearing. The Outcome. The Appeal.	17.01.17	9.30am to 11.00am
Undertake an Investigation Planning for your investigation. Appointing your investigator. Witness statements. Investigation report.	08.02.17	9.30am to 11.30am
Handle Difficult Conversations Look at what helps and hinders tackling difficult interactions.	26.06.17	9.30am to 11.30am
Engage and Retain Employees Importance and benefits of employee engagement. Challenges of engaging and retaining staff. Practical ways to bolster engagement in your organisation.	08.06.17	9.30am to 11.00am
Dismiss an Employee with Minimum Risk Fair reasons for dismissal. Procedures. Appeals. Settlement Agreements. Risk factors.	01.03.17	9.30am to 11.00am
Effectively Manage Sickness Absence Monitoring and record keeping. How to reduce sickness absence. Dismissals. Fit for Work Scheme.	13.03.17	9.30am to 11.00am
Deal with an Underperforming Employee Culture. Performance Management and Improvement plans. Capability and Disciplinaries. Dismissal.	30.01.17 11.05.17	9.30am to 11.00am
Spot and Prevent Discrimination in the Workplace What is Discrimination? Policies. Preventative action. Tribunal Claims.	28.11.16 03.04.17	9.30am to 11.00am
Prepare for an Employment Tribunal Hearing Paperwork. Witness statements and evidence. What to expect. Tips and Advice.	08.12.16 26.04.17	9.30am to 11.00am

All the sessions will take place at Bhayani HR & Employment Law, The Workstation, 15 Paternoster Row, Sheffield, S1 2BX.

Numbers are limited so book early to avoid disappointment.

To book please contact us on 0114 303 2300 or email Hello@bhayanilaw.co.uk.

*The full rate fee will be reduced from £70+VAT to £35+VAT and a Watertight HR member fee will be reduced from £50+VAT to £25+VAT. Cannot be used in conjunction with any other offer.