Employment Tribunals - Catching Up

So much has happened in the last week or so, I have not had time to keep you informed – I will add an entry or two now to bring you up to date.

I was delighted when an employer told me he had been to Employment Tribunal and, without professional assistance, had won. Naturally I asked him what had happened. An employee had been on long term sick and he had sent their P45 with a letter saying “when you have recovered you will be welcome back”. The employee had taken it as dismissal and took him to Employment Tribunal. The employer argued that it was not – he had made it quite clear that, as soon as she was fit to work, she could return; the P45 helped her claim maximum benefits.

On the back of a judgement case in the autumn of 2008, he won and naturally was delighted. However I was not so sure it was the success he had thought it. He still has the employee on his books rather than terminating her employment; this means she is entitled to 28 days paid holiday in a year. If he had to make redundancies, she would be in line for redundancy pay as well as notice pay.

It really is a pity that, in 1978 when the Government introduced Tribunals, their idea of an individual being able to handle these matters themselves has not worked as they wished. It has developed into another court of the land where professional help is now almost essential.