Judge finds director was not ‘truthful’ as he made attempts to ‘rewrite history’ and cover up wrongful dismissal.
A pharmacy worker whose employer tried to begin disciplinary proceedings after she had been dismissed “out of anger” over an anonymous complaint was unfairly and wrongfully dismissed, a tribunal has ruled.
The Newcastle tribunal found that Health Hut Professionals’ (HHP) director Mr Shah behaved in a “hot-headed manner” and “believed he could do whatever he wanted” when he dismissed pharmacy assistant Miss M Yule after a discussion about whether a customer complained about her.
The tribunal ruled that Shah only contacted an external HR after the dismissal had taken place, and “made no attempt whatsoever” to apply any kind of process or procedure to Yule’s dismissal.
Additionally, it found that Shah “attempted to rewrite history in order to suit his own narrative”, and outright said he was “not truthful”, as he made attempts to “mislead” Yule and “cover up” the wrongful dismissal.
The case is a “stark reminder” for employers to follow a fair process, and employers acting in the heat of the moment may have to pay significant sums to compensate an employee who is unfairly dismissed. Our advice is always “follow the process or be prepared to pay the price”.
Furthermore, employers hoping to paper over any cracks in a dismissal could pay the price. Any attempt to cover one’s tracks by trying to mislead the tribunal is doomed to failure, and if mistakes are made in a process, the best way of dealing with them is to acknowledge them and try to put them right, properly, by applying a fair procedure – not trying to rewrite the past.
Full details of the case can be found on the link below: