The EAT has confirmed that an insult about a colleague's baldness could be considered harassment linked to sex discrimination.

What Happens When an Employer Fires You Without Following the Rules? A Look at the British Bung Manufacturing Case

Have you ever wondered if an employer can just fire you without warning? The simple answer is: No, they can't at least not without following the proper process.

A recent case, British Bung Manufacturing Company Ltd v Mr A Finn (2023), shows exactly why employers need to follow the correct steps when firing an employee. Here’s what happened and why it matters to you.

The Story Behind the Case

Mr. Finn worked at British Bung Manufacturing (BBMC) for several years. He was a long-term employee, so when he was fired, it wasn’t because of an emergency or major issue it was because the company said his performance wasn’t up to scratch. The company argued that he wasn’t meeting expectations, so they decided to let him go. But Finn disagreed. He said his dismissal wasn’t fair because the company didn’t follow the right process. There were no clear warnings, no chance for him to improve, and no real discussion about what was expected from him. So, he took the case to an employment tribunal.

The Key Question: Was the Dismissal Fair?

Here’s the big question: Can an employer fire someone just because their performance isn’t great?

Yes, they can, but only if they follow the right procedure. There’s a set process to follow when firing someone for poor performance, especially if they’ve been with the company for a while. This is where BBMC made a mistake. Finn’s argument was simple: he wasn’t given a chance to improve. The tribunal agreed with him. The company didn’t follow the steps that would have given Finn a fair chance to address his performance. They didn’t give him clear feedback or a proper warning before deciding to fire him.

So, What Did the Court Say?

The Employment Appeal Tribunal (EAT) ruled in Finn’s favor. The case made an important point: even if an employee isn’t performing well, the employer still has to follow a fair process. This means:

• Giving clear feedback about what’s wrong.

• Offering the employee a chance to improve.

• Keeping a record of the process and making sure everything is fair and transparent.

Because BBMC didn’t do this, the tribunal decided that the dismissal was unfair.

What Does This Mean for Employees?

If you’re ever in a situation where your performance is being questioned, or if you’re at risk of being fired, this case is a good reminder that you have rights. Your employer can’t just let you go without giving you a fair chance to improve or understand what’s going wrong.

Dismissals for poor performance should never be a surprise. There should always be a conversation, a chance to fix things, and clear warnings before a final decision is made.

What Does This Mean for Employers?

If you’re an employer, this case is a wake-up call. While it might seem easier to let go of employees who aren’t performing well, you have to follow the correct process. This means:

• Having a clear system to manage performance.

• Keeping track of performance reviews and feedback.

• Making sure employees know where they stand and giving them a chance to improve.

Failing to do this could lead to expensive legal battles and compensation for unfair dismissal.

The Bottom Line: Fairness Matters

Whether you’re an employee or an employer, the British Bung Manufacturing case shows that fairness is key when it comes to dismissals. It’s not just about whether someone is doing their job well it’s about how the decision to let them go is made.

If you’re an employee, make sure your rights are respected. And if you’re an employer, make sure your processes are clear and fair. After all, no one wants to be caught off guard when it comes to their job especially if the right steps weren’t followed in the first place.

Need legal advice on dismissal procedures or employment issues?

At Hunter Lawyers, we’re here to guide both employers and employees through complex employment law matters. Whether you're facing unfair dismissal or need help managing performance in your workplace, we can help. Get in touch with us today at www.hunterlawyers.co.uk for expert advice and support.