Unfair Dismissal and Confidentiality
The decision in an interesting employment tribunal case has been released this week which concerned 61-year-old dinner lady Carol Hill, who was dismissed by her employers for reportedly telling the parents of a pupil at the school she worked that their seven year old daughter had been bullied at school.
Ms Hill who is reported to have earned £125 a month was suspended from duty after it came to the employer’s attention that she had advised the pupil’s parents of the bullying she had encountered (with their being once specific incident discussed where the pupil had been tied to a fence by her fellow pupils). Ms Hill is then reported to have spoken with the media about the case, following which she was then dismissed in September 2009.
The Employment Tribunal have this week found in favour on Ms Hill’s employment tribunal claim, ruling that her dismissal was unfair.
This case raises some interesting debates about confidentiality in the workplace and public disclosures to the media. With this in mind, we have taken this opportunity to speak with Robert Grinham, a team leader on the Support Line at Newcastle-under-Lyme based Bibby Consulting and Support, who helps to explain some of the employment law implications that arise from cases such as this latest one.Robert explained that “we frequently see cases similar to this where staff members have gone to the media with information about their employers. There is an array of conflicting case law in this area in deciding whether such actions are sufficient to warrant dismissal or not. Whilst every case will always turn upon its individual facts, you will see from some of the case authorities that some are concluded in favour of the employee, ruling dismissals to be unfair and others where the Employment Tribunal finds in favour of the employers, ruling that the dismissals were fair. Naturally, these conflicting cases cause confusion for employers on the safest and most practical approach to take. This is why it is more important than ever for employers to seek specialist advice and support.”
When asked about the possible protection afforded to staff members who “blow the whistle” Robert explained that “where staff members see health and safety risks or other malpractices in the workplace which are reported, employers would be well advised to assess if such a disclosure has amounted to a blow of the whistle, as dismissing an employee when they have blown the whistle on such malpractices (a process more technically known as a protected disclosure) is likely to be held to be automatically unfair and this can be so even if the disclosure turns out to be untrue.”
Robert went on to explain that “Fortunately, most disclosures to the newspapers are not often protected disclosures. Legislation prescribed the classes of persons to whom the disclosure must be made, the employer being one of these, plus a number of regulatory bodies.”
If you have a situation where one of your employees has or is about to go to the media with information which concerns your organisation, why not call the experts and understand fully the implications before you act. If you are an existing client of Bibby Consulting and Support, please call one of the team today on 08453 100 999 quoting your PCN number to discuss the situation with one of our employment law specialist. If however you are not yet a client of Bibby Consulting & Support, but are interested in learning more about the services Bibby CAS provide, please call Katy Vaughan today on 08453 100 600 for your free no obligation quote.
This News Release is intended to provide a general overview and discussion of the subject matter. It is not however, intended to give advice or to act as a substitute to taking legal advice from our Support Line in any specific situation. Bibby Consulting & Support accepts no liability or responsibility for the information contained within this news release. If you would like specific advice about this subject matter, please contact one of the Employment Law Team today on 08453 100 999.
