Unfair Dismissal Claim

James worked as a warehouse operative and had been late for work on a number of occasions.   James often worked overtime and did not get paid for the overtime.  He would also work on Saturdays and Sundays, sometimes late into the evening.

On the 2 occasions that James was late his employer gave out to him but did not give him formal warnings. On a third occasion when James was late his employer dismissed him on the spot.  James instructed our firm to lodge an application to the Employment Appeals Tribunal and we sought copies of his personnel file together with copies of the company’s handbook.

The handbook showed that there was an existing disciplinary procedure in relation to verbal and written warnings and an appeal procedure.   Michael’s employers did not follow any of these procedures in carrying out his dismissal.   The Tribunal held that he was unfairly dismissed and awarded him compensation.

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