Guernsey
The Applicant commenced work with the Respondent in October 2019 as a receptionist.
Just before the COVID-19 lockdown in March 2020, management told the Applicant that their performance in the role had been “excellent”. However, due to the pandemic, the Applicant was given a “temporary layoff notice” and told there was no work for them to undertake.
The Applicant did remain as an employee and, whilst there was debate as to whether they were moved to a temporary contract, they were working again from October 2020.
On 9 November, a disagreement with the hotel owner occurred about an allegation that the Applicant had upset a hotel guest due to how they spoke to her. This disagreement ended with the proprietor telling the Applicant that they had been “fired”.
There was a follow-up meeting between the Applicant and the owner. During this meeting, the owner told the Applicant they had been dismissed for gross misconduct and given a letter confirming the same.
The Tribunal enquired whether the hotel had followed any disciplinary process. The proprietor only stated that “gross misconduct was the process”.
The Tribunal was unconvinced by this explanation and awarded the Applicant £10,030.95 compensation for unfair dismissal.
In summary, the Tribunal noted that “as a relatively significant employer in Guernsey, the Tribunal is disappointed that the Respondent did not take more considered steps in their disciplinary process.”
Employers should take note: even if you are faced with a situation that appears to be ‘guaranteed’ gross misconduct, you should assess the circumstances, seek advice, put the employee on paid suspension if appropriate, and undertake an investigation.
