Mr Law was dismissed from Yorkshire Dyeware Chemical Company for “smoking at work”. The company said he was in the habit of “going to the street door” to smoke once in the morning and once in the afternoon and also argued he had returned late from lunch. However, Leeds Tribunal found in Mr Law’s favour, as his habit had gone unchallenged for at least six months! They ruled that he should be reinstated.
This case highlights the need to ensure that you deal with misconduct as soon as is practical, and in the first instance. By allowing misconduct to continue unchecked, you lessen your chances on relying on this in court as a fair reason for dismissal.
Please ensure that use your disciplinary procedure, and call us for advice