PCC Chapter3 by 7huyI83




 Chapter 3 – Scenario 2:
Employee and Conciliator
                                                                               Job ID: 37394
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Time-codes                                        Dialogue

00:00:05:14   Female Role Player
              After my conversation with Chris I contacted Sam. Rather reluctantly she said
              that she would come and have a meeting with me to discuss pre-claim
              conciliation and explore possible options.

00:00:18:20   Female Role Player
              Hi Sam.

00:00:20:02   Sam

00:00:20:21   Female Role Player
              Thanks for coming to see me today.

00:00:22:22   Sam
              Mm huh.

00:00:23:12   Female Role Player
              As I explained briefly on the phone, your full employee, Chris, has contacted
              our helpline and he’s indicated that he’s considering taking a claim to an
              employment tribunal.

00:00:35:06   Sam
              So I understand.

00:00:36:13   Female Role Player
              Now as I explained we do offer a new service now called pre-claim conciliation
                                                                               Job ID: 37394
                                                                                 PCC Videos
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              where it’s an opportunity for both sides just to explore potential solutions rather
              than having to go down the route of an employment tribunal.

00:00:50:13   Sam
              Well quite frankly if Chris wants to take me to a tribunal, then let him because
              I’m going to win. So you know, let him do his worst.

00:01:02:06   Female Role Player
              So, obviously as I said I have had a conversation with Sam about this, I’m sort
              of more than aware there’s always two sides to every story. Could you tell me
              a bit about what happened?

00:01:13:15   Sam
              Well what happened was, and this was a final straw I must say, what happened
              was, Chris is responsible for the eBay orders. We have an eBay business and
              what he did was mix up two customers’ orders. He mixed them up. He put a
              wrong memory card in two each of the customers. So they received the wrong
              thing and the first thing I knew about it cause he didn’t tell me he’d done this,
              the first thing I knew about it was on eBay. We got an absolutely vile review.
              And if you get a bad review on eBay, your business is sunk.

00:01:55:10   Female Role Player
              So what happened after that?

00:01:57:05   Sam
              Well what happened after that was, you know I thought it was best to do it on
              the spot straight away while we were there in the shop, so I just called him over
              and I said ‘Chris, again this has happened. Look at this, you didn’t even have
              the courtesy to tell me. Look at this review on eBay’. And suddenly he just
              flipped. He started swearing and ranting and raving in front of customers, in
                                                                                Job ID: 37394
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              front of the other staff. I couldn’t have that, so I asked him to go home. And
              then on reflection I thought, I can’t have somebody who can’t keep up with my
              business, making mistakes, working for me. So I sent off the P45 with a letter
              of explanation as to why and that was that and I was perfectly within my rights
              to do so.

00:02:52:18   Female Role Player
              Can I ask, are you aware of how employment tribunal does look at claims for
              unfair dismissal and the sort of issues they’re going to be considering if this
              does end up at an employment tribunal?

00:03:04:07   Sam
              Well obviously I suspect they’ll look at my side of things and see that I was
              perfectly within my rights to do what I did and they’ll fight for me.

00:03:15:20   Female Role Player
              Unfortunately, they do expect, and I understand you’re a small company, but
              they do expect an employer to follow certain procedures in dismissing
              somebody. Yes you can send an employee home and suspend them.

00:03:27:03   Sam
              What do you mean?

00:03:28:16   Female Role Player
              Well you can suspend them, but you’re expected to write to them, invite them
              into a disciplinary hearing, have the discussion with them and then if you do
              dismiss them, you’ve got to give them the opportunity to appeal. And that’s
              sort of the minimum process that the tribunal will be looking for.

00:03:45:24   Sam
                                                                                 Job ID: 37394
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              We’re not ICI. We’re a small company.

00:03:46:22   Female Role Player
              You don’t know.

00:03:48:11   Sam
              We’ve got five. I lost an employee last year. We’ve got five employees. You
              know we’re a small… we’ve grown as a sort of family business. I mean what
              do they expect?

00:04:00:18   Female Role Player
              You could explore other ways of settlement through pre-claim. For example
              you could consider perhaps giving him a reference.             There have been
              occasions where we’ve actually managed to get people back into the
              employment. There’s other options, but I think the important thing is that it’s in
              your hands and that you get the opportunity to sit down and discuss. There’s
              no, you’re not committing yourself to anything. It’s pure exploration at this
              point, but it gives you the opportunity to try and get this sorted. You said you’re
              extremely busy, you’re off to trade fairs etc.

00:04:33:15   Sam

00:04:33:20   Female Role Player
              We could get this sorted out quickly.

00:04:35:16   Sam

00:04:36:06   Female Role Player
                                                                            Job ID: 37394
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00:04:36:23   Sam
              And how, as opposed to what in a tribunal sense?

00:04:39:24   Female Role Player
              Well you could be looking from the date that the claim goes into the tribunal
              around six months before you actually get a hearing date, but there’s a lot of
              paperwork involved.

00:04:50:16   Sam

00:04:50:14   Female Role Player
              Whereas one of the advantages of this is we don’t have any paperwork
              involved. It’s all done over the telephone or through meeting with party and we
              can get claims resolved, sometimes within two or three weeks.

00:05:01:22   Sam
              Well I’ve got nothing to lose, so.

00:05:04:07   Female Role Player
              Fine, so you’d like me to go back and have a word with him?

00:05:05:15   Sam
              Yeah, I’ll give it a go.

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