Interesting case in the employment tribunal
A recent case in the employment tribunal perhaps highlights 2 important points for employees who are having problems at work. Of course, such situations are difficult for both employers and employees and they can all too easily become very personal. What can easily happen in these situations is that :-
- The employee makes themselves unmanageable and back themselves into a corner, this can result in the employer having ultimate grounds for dismissal as long as the employer complies with suitable process and acts within the range of reasonable responses. The employee may become hostile in these circumstances to colleagues or bosses and may lodge repeated complaints as the employee becomes increasingly agitated and frustrated.
- As a corollary to the above, post dismissal, whether by constructive or unfair dismissal, there is a tendency to make as many claims as possible in the employment tribunal, particularly due to the no costs rule in the tribunal i.e regardless of who wins or loses each aspect of the case there are no legal costs implications in terms of being ordered to pay the opponent’s costs except for exceptional cases. Consequently, many employees will claim for discrimination and other possible employment claims aside from unfair dismissal. This tactic can sometimes backfire, giving the employment tribunal a certain impression of an applicant.
In the particular case in question, Electrical engineer Bijan Zakeri worked for Tyne & Wear Metro owner Nexus for 28 years until retiring on ill health grounds in February last year. He alleged negative treatment from bosses and colleagues after he raised concerns about safety, maintenance and machinery training. He also claimed constructive dismissal and disability discrimination against Nexus – allegations the organisation disputed. The Tribunal found that the dispute with the former employer had become an “obsession”. He did succeed on certain claims, but this case is an example perhaps of the above as the tribunal commented that his obsessive and nitpicking approach to his duties and those of others, made him virtually impossible to manage.