A battle was won for unfair dismissal by a bar manager who was choked by a colleague at work Christmas party. CCTV footage revealed the incident, BBC reports.
Grabbed by Nathan Webb (work colleague), Molly Phillips passed out at the party in the Cameo Club in Cardiff.
Under suspicions of a stroke she was taken to the hospital, however she did not realise she had been attacked. Further CCTV investigation had shown the truth about the incident.
Phillips has an impression that whole situation was “forgotten about” as Webb remains employed at Cameo Club. She tried to speak to Directors Jason Pearce and Huw Davies, however it has been left with no particular response.
“I was in tears to Huw telling him that I just didn’t feel comfortable in work anymore, but I was given the same response over and over, that he couldn’t ‘wave a magic wand and fix everything’,” Philips told the tribunal.
Judge Alison Frazer’s verdict said that Phillips was constructively dismissed, regardless a fact that company argued that “everything [they] did or didn’t do was with Molly’s complete agreement”.
“Prompt and transparent investigation is crucial and if we support an employee, listen to them and taken them seriously, they should not have a reason for the claims”. – she added.
Acting with a dismissive behaviour of the claimant’s feelings about the incident was inappropriate and judge’s decision was partially based on that factor.
Phillips is now expected to negotiate with the company for compensation.
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