UNFAIR DISMISSAL - 24.04.2019

Online shopper unfairly dismissed

Taking a break. Ashley McMahon (M) was originally employed by Finlaysons which is a law firm based in Scotland. In late 2017 M was confronted by the office manager, Mrs Finlayson (F), about her Internet browsing habits. Apparently, M would often shop online during her breaks and at lunchtimes on her work PC. However, at no point had she ever been informed that this was unacceptable to F.

Let’s discuss. The following day, M went off sick with stress and anxiety. F subsequently met with M and raised concerns about her work and usage of the PC and Internet. F also said that these concerns had been “discussed with her parents as they were family friends” . After this meeting, F arranged a disciplinary hearing. M responded by saying that she felt persistently harassed, particularly by Mr Finlayson, and his behaviour was prolonging her absence from work.

You’re sacked. A few days later, M was informed that she was being removed from her job role immediately. She then claimed unfair dismissal at the tribunal, where she won, and was awarded £16,000. What did the employer do wrong? Firstly, she was totally unaware that personal use of a work PC and the Internet during break times was unacceptable. Secondly, the employer sacked her on the spot without going through any proper dismissal procedure.

Tip. If you don’t want staff using your work PCs/Internet for personal reasons, set this out in a clear e-mail and Internet policy (see The next step ). You can completely prohibit this activity or relax the rules during breaks. If staff don’t know that something is unacceptable, it will be difficult to take disciplinary action if it occurs. Don’t discuss employment issues with an employee’s family, even if you are friends!

For an e-mail and Internet policy, visit http://tipsandadvice-personnel.co.uk (PS 12.09.01).