ACAS PCC VIDEOS CLOCK INFO: Chapter 3 – Scenario 2: Employee and Conciliator Job ID: 37394 PCC Videos ACAS_C1_OpeningAddress_640x360 TX Script 2 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 Hello. 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 ACAS_C1_OpeningAddress_640x360 TX Script 3 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 PCC Videos ACAS_C1_OpeningAddress_640x360 TX Script 4 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 PCC Videos ACAS_C1_OpeningAddress_640x360 TX Script 5 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 Yeah. 00:04:33:20 Female Role Player We could get this sorted out quickly. 00:04:35:16 Sam Really? 00:04:36:06 Female Role Player Job ID: 37394 PCC Videos ACAS_C1_OpeningAddress_640x360 TX Script 6 Absolutely. 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 Crikey. 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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