Bridge HR articles

This is a case about a man having a Zoom call and, when noticed by his boss that he was having a beer on the call, responded by saying “just deal with it”.

I must confess I have been sorely tempted to try this myself but, since I am writing this article, you can assume I have not done so.

Background

Mr Andersen was employed by RHEON Labs as a Development Engineer from the 2 October 2017.

Following a review meeting in April/May 2020, Mr Andersen was provided with feedback regarding his attitude, this included requests to be more of a “team player” and improve his soft skills, rather than a “superhero lone wolf”. The latter phrase is one I have never heard in a review or anywhere else before, but I consider it would make a good movie!

There was further feedback of a similar attitude/nature on the part of Mr Anderson throughout 2020, then in January 2021 there was a meeting to discuss his ongoing behavioural issues wherein he was given his first formal warning.

To try and assist his interpersonal communication and people management skills, Mr Andersen was offered the opportunity to work with a mentor (an external coach), which was agreed to and incorporated within a performance improvement plan.

During a Zoom call in March 2021, Mr Andersen was seen to be sipping a beer. When challenged on this by the Chief Operating Officer and Mr Andersen’s line manager, Mr Andersen apparently remarked that Mr Brown should “deal with it”.

During the remainder of the Zoom call, Mr Anderson was apparently cynical and eventually turned his camera off.

It was at this point I thought that Mr Andersen would have been dismissed, but that is not the case!  He was simply given a second warning.

Instead, RHEON Labs made the interesting decision to decide that Mr Andersen would mentor two university students on placement.

You might not be surprised to hear that those University students gave negative feedback about Mr Andersen which included poor attitude, a lack of care and that he was rude and negative.

As a result of this, Mr Andersen was dismissed on the 26th of November 2021.  He did not appeal, instead, he pursued a claim for unfair dismissal.

Outcome

The Tribunal found in favour of RHEON Labs, holding the dismissal to be fair and to be based on the reason of conduct.

Despite Mr Andersen’s assertion of procedural failings, including his line manager’s involvement as both complainant and disciplining officer (for the final warning and dismissal), the Tribunal held that the previous warnings were given in good faith and there was a genuine belief that Mr Andersen was guilty of the final act of misconduct. The Tribunal were therefore satisfied that there had been an escalation of disciplinary steps.

On top of losing his claim, Mr Andersen has also been ordered to pay some of RHEON Labs’ costs to the tune of £9,965.00 exclusive of VAT. The basis of this costs judgment being that there was a letter from RHEON Labs’ lawyers to Mr Andersen and the Tribunal determined that, at that point, he should have realised his claim had no reasonable prospects of success. Consequently, proceeding with his claim was unreasonable and/or vexatious conduct.

My ADVICE

Whilst RHEON Labs were successful, this claim highlights two things:

1. Firstly, don’t be afraid to act - just conduct a full and fair process, both procedurally but also utilise the escalation processes early in your procedures too.

2. Secondly, even though claims may be lodged for sometimes vexatious reasons, you may be able to recover some of the costs of unreasonable claims, provided that certain steps are complied with – lawyers' letters setting out the legal misconceptions of the claims can set up cost recovery. However, it is important to note that costs are not commonplace at employment tribunals.

For further assistance with any of the information contained within this article, please do not hesitate to contact the Bridge Employment Law team on 01904 949008 or email us at enquires@bridgeehr.co.uk.