The hearings, each of which took about 20 minutes, were heard by himself and the Sales Manager and both members of staff categorically denied misleading the company. Tom admitted he had been staying with his girlfriend instead of at a hotel but stated that he believed he was entitled to an overnight allowance, which he claimed every month when he was staying in Norwich. Beth claimed that she had incurred the expenses but may have got her dates mixed up. After the hearings Kiren immediately called both of them into his office and told them they were dismissed because they had defrauded the company and could not be trusted. Both workers repeated that they had not knowingly claimed any expenses they were not entitled to. Tom, in particular, stated that he was “not going to take this lying down”.

Kiren tells you he feels that they have been deceiving him for some time and that they have ‘cheated’ the company. He says he believes he followed the disciplinary process in dismissing the pair, although he wonders if they should have been accompanied to the meeting by a colleague as both were on their own. You ask Kiren if he gave either of the workers a right of appeal but he says he doesn’t know ‘anything about appeals and technicalities’.

What legal issues do you think these dismissals raise and what will you do now?
Scenario Two

As you were about to leave the office for the day, two members of staff knocked on your door and asked if they “could have a brief chat.”