Taken for a ride!
Discussion
Difficult to fit all this into a post that doesn't become too rambling but here goes.
I run a small retail business employing 10-14 staff. It is a traditional family concern where we have always liked to look after our staff. One member of staff complained that she had overheard another member calling her names and turned it into a formal complaint. My initial investigation involved representations from both parties but the "accused" denied saying anything and the member of staff it was supposedly said to had left my employment and refused to become involved.
Without witnesses I had to dismiss the claim. The complainant was signed off work with stress. This has now come to fruition 2 years later with the complainant asking for £35k in settlement. Apparently I am going to be liable for something in that I did not show her a duty of care in that nobody contacted her to see if she was alright. This despite her still coming into the business and using her staff discount to purchase goods.
I thought I had taken the right advice on how to proceed with this but it seems someone forgot to advise me of my duty of care. I know as the employer that I should have known this but employment law now seems to be a minefield.
I think I now go to ACAS but has anyone got any other ideas, aggressive solicitors perhaps with a track record of results? £35k for name calling and a missed phonecall seems a bit absurd. The woman in question has done this before it seems at a national department store chain.
Cheers,
Oscarmac
I run a small retail business employing 10-14 staff. It is a traditional family concern where we have always liked to look after our staff. One member of staff complained that she had overheard another member calling her names and turned it into a formal complaint. My initial investigation involved representations from both parties but the "accused" denied saying anything and the member of staff it was supposedly said to had left my employment and refused to become involved.
Without witnesses I had to dismiss the claim. The complainant was signed off work with stress. This has now come to fruition 2 years later with the complainant asking for £35k in settlement. Apparently I am going to be liable for something in that I did not show her a duty of care in that nobody contacted her to see if she was alright. This despite her still coming into the business and using her staff discount to purchase goods.
I thought I had taken the right advice on how to proceed with this but it seems someone forgot to advise me of my duty of care. I know as the employer that I should have known this but employment law now seems to be a minefield.
I think I now go to ACAS but has anyone got any other ideas, aggressive solicitors perhaps with a track record of results? £35k for name calling and a missed phonecall seems a bit absurd. The woman in question has done this before it seems at a national department store chain.
Cheers,
Oscarmac
You have handled this poorly if you have let the situation burgeon for two years, but the situation may not be irretrievable, and the claim is probably a try on. Malingering employees and repeat grievance raisers are a hazard of modern business. Some are shysters; some have chronic mental health issues which lead them to spend their lives complaining and litigating (I see lots of these types professionally, and, alas, my brother's girlfriend is one such). Sometimes it is a bit of both. These employees have to be managed pro-actively by the employer.
Anyone running a business should know that he has a duty of care to all employees (I am not suggesting that there has been any breach of duty here, but the existence of the duty is something which goes with the territory, and is not at all new). Take expert legal advice now. An internet talking shop will not solve this problem for you. PM me for some recommendations.
For the future, consider retaining an external HR consultancy to deal with routine and not so routine HR issues. They can be reasonably cost effective for businesses too small to justify the cost of internal HR teams.
Anyone running a business should know that he has a duty of care to all employees (I am not suggesting that there has been any breach of duty here, but the existence of the duty is something which goes with the territory, and is not at all new). Take expert legal advice now. An internet talking shop will not solve this problem for you. PM me for some recommendations.
For the future, consider retaining an external HR consultancy to deal with routine and not so routine HR issues. They can be reasonably cost effective for businesses too small to justify the cost of internal HR teams.
Edited by Breadvan73 on Wednesday 13th July 12:49
The case will have to be proved. If you have evidence of your caring approach to employees and can demonstrate this through evidence (policies/testimonials) and you feel that you were genuinely doing the right thing for this employee then it would not worry me at all. Let justice prevail.
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