The next step

Retracting heat of the moment dismissal

[Letter]

The tribunal's ruling

[Weblink]

Heat of the moment dismissal costs £10,000

Heated argument

It’s not uncommon for managers to sack staff “on the spot” during heated arguments and this is exactly what happened in Yule v Health Hut Professionals Ltd 2022 (see The next step ).

Ms Yule (Y) began working for Health Hut Professionals Ltd (H) in 2017. On 31 January 2022 Mr Shah (S), a director of H, was contacted by the NHS and advised that someone had made an anonymous complaint about the way they’d been spoken to by a female employee at his pharmacy.

Identity unknown

S contacted a locum pharmacist, Ms Begum (B), who was working at the time. B told S that Y had dealt with a rude customer, but her behaviour “had not been in any way inappropriate” .

An investigation meeting was arranged for 8 February 2002. It was attended by Y, S and Mr Dolan (D), H’s business manager.

An unfair dismissal

Y felt singled out and objected to how the investigation was being conducted. Things became heated between S and Y. According to D, they were talking over each other with raised voices. S then told Y to “go downstairs, hand [her] keys over and leave” . He also said that it was her last day and she no longer worked for H. As she left, Y told a colleague that she had lost her job.

Although Y never returned to work, H attempted to make further salary payments to her. These payments were declined because Y believed they were fraudulent as she’d already been dismissed.

Correct approach

Y claimed unfair dismissal which H defended on the basis that she had not been sacked because it had continued to make salary payments to her. H told the tribunal that it believed that Y had resigned.

The tribunal has now found in Y’s favour, stating that paying wages, as if she were still employed, was a “cynical attempt” by H to cover up its mistake and put right an unfair summary dismissal. Y has been awarded just under £10,000 in compensation.

So, how could H have salvaged the situation and prevented an unfair dismissal claim? Instead of continuing to pay Y as if nothing had happened, it should have immediately sent her a letter retracting the heat of the moment dismissal (see The next step ).

Tip. This letter should be sent on the same day and delivered by hand if necessary. Assuming the employee returns to work, you can still commence disciplinary proceedings against them if they behaved aggressively and/or abusively in the events leading up to the unintended dismissal.

Tip. Should they refuse to return to work and maintain that they’ve been dismissed, there’s nothing more you can do. However, if they claim unfair dismissal, you can argue that there wasn’t a dismissal (as it took place in the heat of the moment ) and you’d taken immediate steps to rectify the situation which were rejected.

For the tribunal’s ruling in this case and a letter retracting heat of the moment dismissal, visit https://www.tips-and-advice.co.uk , Download Zone, year 25 issue 01.