Unfair dismissal – why employers need to manage performance and behaviour
Friday, June 10th, 2011MacFadyen v Flexible Engineered Solutions Ltd ET/2503231/2010
In this case, the employer opted to give the employee a series of warnings and then used them as an excuse to dismiss him - rather than deal directly with problems with that employee’s behaviour and attitude. They found, to their cost, that this approach is far from risk-free…
The employee, Mr MacFadyen had worked as a fitter for Flexible Engineered Solutions Ltd since 2005. Use of mobile phones in the workplace was permitted and Mr MacFadyen said that he often did so – both to undertake work-related calculations and to receive phone calls from his mother. He did a lot of overtime when the company had a lot of work despite the fact that he was not contractually obliged to do so.
