Cardiff Magistrates Court have found a bar manager was constructively unfairly dismissed following an incident where she was choked by a colleague at a staff Christmas party and her employer failed to properly investigate.
After hearing witness evidence, the Tribunal found that the company directors' response to the CCTV, and the employee's complaint, was not adequate. The employee became increasingly uncomfortable and felt unsafe in the working environment and therefore she felt that she had no other option than to leave her employment.
The Court ruled that in failing to take their employee's complaint seriously the employer breached the term of trust and confidence and therefore the employee had the right to leave her employment as having been dismissed.
Businesses should provide clear guidance to their employees about what is and is not acceptable behavior at Christmas or social events and should ensure there is a policy on Christmas Parties or work-related social events.
If you believe you have been unfairly dismissed or as an employer you are concerned that you may have breached a term of your employees contract we can provide punctual and professional advice. Contact us today to discuss your individual requirements in further detail, our specialist Employment Lawyers will talk you through your options and advise on the next steps. Call 01603 693500 or email us using 'Make an enquiry' form. Appointments available at our Norwich, North Walsham and Sheringham offices.
*This article is provided for general information purposes only and does not constitute legal advice or other professional advice.
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