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Business has changed over the years - that’s why we’re refreshing business protection to fit today’s small and medium sized enterprises.

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Business Protection

Employment advice case study

LV= Business Care is available as soon as your clients take out one of our Business Protection products.

Your clients can make use of the LV= Business Care helpline which offers free legal, tax and VAT advice on a number of business and commercial issues including; Health & Safety law, commercial disputes, Tax and VAT relief and current and changes to tax rules.

The case study below shows an example of how the service can benefit your business clients in a scenario with a business that does not have a Human Resources department and needs help. Please note that this is an example only and not based on a real company.

Suited woman

Rachel
Business Owner

Rachel runs a large café bistro with 10 employees including a café manager called Adam. One of the younger female members of the team complains to Rachel about Adam regarding his constant use of offensive language towards her.

Suited man

Adam
Café Manager

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Scenario 1

Rachel calls the LV= Business Care line and is put through to an employment law specialist.

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  1. Rachel carries out an investigation and suspends Adam for the duration.
  2. She conducts interviews and records the evidence.
  3. She has a disciplinary meeting with Adam to discuss the evidence.
  4. Adam’s rights were not infringed. This led to a smooth dismissal.
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Scenario 2

Rachel doesn't seek legal advice and fires Adam.

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  1. No investigation is made or the correct procedures followed.
  2. Adam takes the business to a tribunal for unfair dismissal.
  3. The tribunal decides in favour of Adam and is awarded damages of £12,000.

Background

  • Small business with no Human Resources (HR) department.
  • Café manager is accused of verbally bullying staff.
  • The business owner is unsure how to deal with the situation.

Rachel runs a large café bistro with 10 employees, made up of kitchen crew, front of house and a café manager called Adam. There is no HR department and Adam has responsibility for the hiring and firing of staff. One of the younger female members of the team complains to Rachel about Adam, regarding his constant use of offensive language towards her. Rachel speaks to other members of the team who tell her they have also been upset by Adam, but had been too scared to speak up in case Adam fired them.

Rachel wants to dismiss Adam but isn’t sure how to go about it and calls the LV= Business Care legal advice line and is put through to an employment law specialist.

Business Care solution

Rachel is advised on the correct process needed to reduce the risks of a claim for unfair dismissal by Adam.

Rachel was advised to carry out an internal investigation, and:

  • who she should interview, what to ask them, and how to record the evidence obtained
  • she was advised to suspend Adam pending the outcome of the investigation
  • advised on suitable wording to use in her letter to Adam
  • to hold a disciplinary meeting with Adam to discuss the evidence obtained

The outcome

The advice given to Rachel gave her the confidence to proceed with the disciplinary process, resist unreasonable requests from Adam while ensuring that Adam’s rights were not infringed.

This led to a smooth dismissal which, if Adam did dispute, would be found to be fair with no case for unfair dismissal.

The risk?

Rachel doesn’t seek legal advice and fires Adam without an investigation or following the correct procedures. Adam takes the company to a tribunal for unfair dismissal and is awarded costs and damages of £12,000.

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