GBH chef unfairly sacked
A CHEF sacked after being jailed for 18 months for GBH and assault has won £11,000 in an unfair dismissal case.
James Harvey had brought the challenge against Vista Hotels, which had employed him as head chef at the Fermain Valley Hotel. On 9 March 2014, he was arrested after an incident at the hotel's staff accommodation. He later admitted causing GBH to a special constable, assaulting a police officer and assaulting a man and a woman.
The tribunal found the employer had shown a potentially fair reason for dismissal, but that was not enough on its own merits to justify the sacking.
It stated that the respondent did not carry out a proper investigation into the incident that Mr Harvey was involved with, did not interview him in prison to get his version of events and that no notes were recorded.
No other witnesses were interviewed either.
It considered the incident a 'catalyst' for the summary dismissal.
The tribunal noted that formal communication to the applicant of his dismissal did not take place until nearly six months after his arrest on 9 March.