Melanie Pimenta comments on ‘employers cannot cut corners with disciplinaries’
- 06 February 2023
- Employment
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Receptionist fired due to suspected testifying against his employer in sexual harassment case was unfairly dismissed, tribunal rules.
Melanie Pimenta, senior solicitor for Clarkslegal said the case clearly demonstrates that employers cannot cut corners with disciplinaries.
“Employers cannot get away with not following the proper investigative and disciplinary procedures by dismissing without providing a fair reason and suspending without pay,” said Pimenta, who added that employers should also not suspend or dismiss on an “assumption that their employees may give evidence in a claim against them, as they risk a victimisation claim being raised against them”.
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Judge made ‘no hesitation’ in ruling the dismissal was unfair and would also be classed as victimisation under the Equality Act 2010.
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