22. Health & Safety Prosecutions and The Importance of Appeals: Wetherspoons Dismissal Case

Описание: In this episode, Sam & Nils discuss what you should do if the HSE (Health & Safety Executive) investigates or prosecutes you, and also a Wetherspoons dismissal case which highlights the significance of the appeal process in disciplinary actions.

Key Takeaways:
Health & Safety Executive (HSE) prosecutions have a very high success rate.
Seek immediate legal advice when facing a health & safety investigation.
Companies should fix the issue immediately and improve safety procedures as part of mitigation.
Courts assess company finances in detail when setting fines, not just headline accounts.
Community and charitable work can be relevant in reducing financial penalties.
Mr Davis v Wetherspoons ('Halloumi Fries' case) - employee dismissed for incorrect use of staff discount on takeaway food.
Appeal officer changed the reasoning for dismissal, shifting it from dishonesty to poor management.
Tribunal ruled unfair dismissal due to failure to meet the gross misconduct threshold.
Appeals must review, not replace, the original disciplinary decision.
Gross misconduct requires a high threshold, usually involving deliberate wrongdoing.
Poorly handled appeals can expose employers to unfair dismissal claims.

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Chapters:
(⁠⁠00:00⁠⁠) Introduction
(⁠⁠00:34) What's in Your Inbox?
(⁠⁠00:51) What Should You Do If the HSE Investigates or Prosecutes You?
(⁠⁠04:52) The Importance of Appeals: Wetherspoons Dismissal Case