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HR Editorial, 15 Nov 2011
The fallout from the Home Office blame game involving home secretary, Theresa May (pictured), and UK Border Force chief, Brodie Clark, is a reminder to employers not to cut corners when it comes to dealing with workplace discipline, according to employment lawyers at Shakespeares.
After stating publicly that Brodie Clark had acted 'improperly' by relaxing border checks for people arriving in the UK from outside the European Economic Area (EEA) over the summer without her permission, the Home Secretary is now facing a claim of constructive dismissal from her UK Border chief.
Clark has claimed that he was denied the opportunity to respond to the Home Secretary's disparaging comments about him, which he says included being labeled a 'rogue civil servant' during a private briefing.
Lorraine Teague, employment partner at Shakespeares, told HR magazine: "If Clark's claims are found to be correct, this would mean that his employer may have breached their duty not to undermine trust and confidence between employer and employee. This duty is an inherent part of all employment contracts.
"It goes without saying that disciplinary matters should always be dealt with privately with the individual concerned and disciplinary procedures should be followed as appropriate."
According to Shakespeares, employers can avoid potential claims for unfair or constructive dismissal.
Teague added: "In the absence of proper cause, beware of speaking to the media. In a claim against RDF Media Group plc, the fact that representations made to the press about an employee were true was not considered a good defence.
"Keep disciplinary matters off the shop floor. Reprimanding an employee in front of colleagues, in a manner disproportionate to the employee's perceived misconduct, was the basis of a successful claim against Hilton International Hotels.
"Take care if considering suspending an employee. Many employers automatically suspend employees accused of serious misconduct. As Hertfordshire County Council found to its cost suspension of an employee as a 'knee jerk reaction' to a serious accusation can be a breach of trust and confidence. Suspension should always be used with caution."
2 comments on this article |
Richard Spud 15 Nov 2011
A rather basic breach of duty to an employee by the Home Secretary no less! If not total incompetence on May's behalf, then at least a poor show. Not a good example that instills confidence in UK employers. Perhaps May erroneously believed that the proposed 2 year limit on unfair dismissal was already effective and that Mr Clark should have his rights curtailed?
Adrian Molloy 15 Nov 2011
In situations such as this the Minister will often go to the press first to steal the high ground and attempt to put everyone else on the back foot. So whatever Brodie Clark claims happened it tends to look like a weak response to her position. As an HR professional it is painful to see some poor Civil Servant being admonished so publically in the media with no real opportunity to have their case heard in private with their employer.
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