So, we have a tribunal date for this extraordinary case. As you recall it's all about a chef who is accused of not following Allergen instructions and completing the Maxtrix that is within her kitchen. and she was dismissed for this, however, the case becomes much more complicated as we now explain.
She was dismissed for Gross Negligence and this is extremely unusual and difficult to prove ( as the employer is finding out )and essentially is at the center of the argument. This case could well set a precedent and become historical as dismissal for allergen non-compliance is rare and is normally dealt with as a performance issue.
The Employer has failed to produce any relevant evidence and also failed to check that the chef was suitably qualified to perform the tasks that were asked of her. The employer has also failed to carry out the due procedure in not investigating the matter correctly and not allowing the chef to put her case, as well as not exploring other possible sanctions instead of dismissal.
So this is a very complicated and important case for Unichef and our first case of Gross Negligence and our first case of a triple charge of Wrongful Dismissal, Unfair Dismissal, and an unusual charge of Anticipatory Dismissal when he wrote to her suggesting she leave.
This is a very important case for many reasons and we have put an incredible amount of work into it, but we are hugely confident that we have a strong case in which to defend our member.
We have another chance to mediate this out with ACAS before the Court date and hopefully, the Employer will see sense and the massive case we have put up. Sadly, common sense and employers don't always go hand in hand.
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By Brian
By Brian •
Black Forest case..latest
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