When you first read this headline it makes little if any sense. However, employing staff is very much like running a car and the same principles can be applied to both. We all know that when your car has problems the bills involved can be very large indeed. This also applies to your business if you fail to deal with staffing issues in the correct way.
An employer who got things wrong which costs the Company £10k
There are many examples we could give of Companies getting staffing issues badly wrong. However, a recent case we will discuss involves a bus driver in the Tamworth. Mr Blower was employed by a local Company and was on sick leave, suffering from arthritis and diabetes. Whilst he was on sick leave he received a letter from his employer stating that he had been sacked.
Mr Blower took his employer to Birmingham Employment Tribunal and won his case for unfair dismissal and disability discrimination. The employer was ordered to pay him £10k in compensation after both claims were successful.
Where did the employer go wrong?
We do not know all of the facts but it appears that a letter was sent to the employee just dismissing him. It does not appear that the employer considered having a meeting with the employee to discuss matters. It may have been open to the employer to employ the driver in a different role or make reasonable adjustments to his driving role. It may have been possible for the Company to consider a health related dismissal based upon capability grounds. However, it appears that the employer may have just sent the dismissal letter.
How could the employer have dealt with things differently?
At this stage, we come back to our comparison of a business and a car. Most of us are capable of dealing with simple day to day maintenance with a car. With a little bit of guidance and common sense, we can check the oil, tyre pressures and top up the radiator. However, when the service light comes on we don't go to the garage and reach for the tool box as most of us simply don't have the skills or knowledge involved.
In a business, most of us can deal with the simple staffing issues such as holiday entitlement, an application to leave early and even minor issues relating to performance. However, when the 'service light' comes on in the business such as an employee being absent and the matter needing to be dealt with, many employers do not have the knowledge to deal with the matter correctly. This was certainly the case here and the cost to the Company was £10k.
What can we do as an employer?
As mentioned above, most employers should be capable of straightforward day to day maintenance of their business and any staffing issues. However, if matters are more complicated then the employer needs to recognise that the 'service light' has come on and that help from a solicitor or HR advisor needs to be sought. Your car works better if it receives the servicing it needs when required. Your business is no different. If staffing matters are dealt with effectively and correctly then staff are likely to be happier and more importantly there will be no nasty £10k surprises.
The above views are those of the author and should not be relied upon in relation to any specific legal matter. If in doubt always seek legal advice.
At Chiltern Solicitors, we are experts in proving HR support. Please see our website at www.chilternsolicitors.co.uk for more details or call us on 01582 439795. To receive regular updates on employment and staffing issues email us at info@chilternsolicitors.co.uk.
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