Employers need to be sympathetic and investigate incidents that occur at work, says an employment lawyer.
Businesses have been warned of the need to impartially investigate and take action following incidents at work. The advice comes on the back of an unfair dismissal case where a bar manager was choked by a chef at their work Christmas party.
The case involved Molly Phillips who passed out after she was gripped by colleague Nathan Webb at the Cameo Club in Cardiff. The BBC reports that she was taken to hospital for a suspected stroke and had no recollection of the event.
Phillips only discovered what had happened to her after checking CCTV footage. Although she told company directors about the attack, she claimed that her complaints were dismissed. She brought an unfair dismissal claim against Pontcanna Pub Company Ltd arguing that she felt unsafe and had to resign.
Responding to the case, Emma Hamnett, employment partner at Clarke Willmott LLP told HR Grapevine: “It seems as though the company apparently did nothing and although she didn't want her co-worker to lose his job, the employer could have moved them apart at work or seen if mediation was appropriate. I think the act of doing nothing probably inflamed an already delicate situation.”
“A thorough and prompt investigation is crucial, and here, if the employee had felt listened to and taken seriously, she may not have pursued her claim,” added Hamnett.
