We are in the middle of an issue where a Chef has been accused of Gross negligence over not correctly filling in the kitchen Allergen Matrix, but what exactly is Gross Negligence?
All chefs should check their contracts to see if this could be a reason for dismissal. Essentially an employer uses it when they can’t use any other form of dismissal and they want rid of the employer quickly, but few employers ( and even fewer chefs ) really understand the complications of this dismissal and the legal issues it raises.
Proving Gross Negligence is extremely complex, and unless that negligence is obvious ( perhaps a chef left a fryer on all night, leading to a fire ) then proving just how Gross ( extreme/serious ) that is can get bogged down in legal arguments.
Negligence and Gross Negligence are in a lot of people's contracts and is a growing trend amongst Employers without them knowing or realising it and chefs should now examine their contracts and handbooks and contact their Union or employer for a definition of that clause and advice.
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By Brian
By Brian •
Gross Negligence.. WTF !!
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