A warehouse operative was caught on CCTV attempting to drive a forklift truck into his line manager on purpose. Twice. Company B took him through a disciplinary procedure which included showing him the CCTV recording before the disciplinary hearing started. At the hearing they gave him a written statement from the line manager about the incident.
Not surprisingly at the conclusion of the disciplinary hearing the employee was found guilty of gross misconduct and summarily dismissed. Although it was blatantly obvious what had happened and that the employee could have been charged by the police for assault, the Tribunal found that technically the dismissal was unfair.
This was because in these circumstances, where the employee was assessed to be difficult to communicate with the Employment Tribunal’s decision was that the employee needed to have been provided with the line manager’s statement before the hearing.
It is a really good example of how essential it is to get disciplinary and grievance procedures absolutely right every time in order to comply with employment law and to succeed in Employment Tribunal hearings if the matter progresses that far.