Page 30 - BOSS Today Issue 15

HR

PrePare for

anything

A wise employer knows how important it is to consider any
eventuality before taking action against an employee

benefit. If he had still been
employed at the time of his
death, the insurers would have
paid out a tidy sum.
In a normal case, the
compensation would amount
only to the cost of Mr Fox
finding an equivalent benefit on
the open market.

inadequate
But the courts took the view that
was not adequate in this case.
The contractual arrangement
with Mr Fox was that his
dependants should receive a
certain sum, in his case £85,000,
if he died in service.
Had he not been dismissed,
he would have died in service
and the insurer would have
paid up. But since Mr Fox did
not meet the policy terms,
Anything that can go wrong it is for you as an employer to few days after being dismissed. the compensation burden fell
will go wrong” is a well consider all the surrounding His estate brought claims of directly on the employer.
“known engineering adage, circumstances before deciding unfair dismissal and disability Admittedly this is a very
used to illustrate the need for to dismiss - and the pitfalls you discrimination. unusual set of circumstances.
any process to be built in a way face if you don’t. An initial issue in the case But it serves as a useful
that ensures the processor is Mr Fox, who was only 43, was centred on likely levels of illustration of why it is important
fully engaged. not a well man, but, having been compensation. Normally, this to avoid a mere box-ticking
What’s true in engineering off work for a time, he was about would take into account all the exercise, and why you as an
is also true in other fields, as to undergo surgery that was losses arising from the dismissal. employer need to engage your
demonstrated by the recent meant to enable him to return But since his death had brain fully before taking action
rather tragic case of Fox v British to work. Yet his employers failed prevented Mr Fox from returning against an employee.
Airways. to take his likely return into to work, he was unlikely to be
The case doesn’t clarify account when they dismissed able to claim loss of earnings. He n For more inFormation,
or amplify the law, but it is a him for capability. had one other valuable benefit, contact your BoSS Hr
reminder of how important Unfortunately, Mr Fox died a which was a death in service adviSer on 0845 450 1565.

30 BOSS TODAY | December 2012/January 2013

Boss p30-p31 copy.indd 2 30/11/2012 14:44