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Baker wins tribunal after being sacked for holey loaves

Associate Daniel Zona comments on this crumby employment case.

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Published 1 July 2023

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Artur Piaszczynski, the head baker at Leakers Bakery in Dorset, has won £15,000 in an unfair dismissal case after being sacked for making loaves with too many holes in them.

The tribunal found the former baker may have produced inconsistent bread, but he had not been set specific performance targets and received no clear warnings before he was sacked. When complaints about his bread were made, he was left notes by his boss.

The tribunal ruled that as Piaszczynski had a poor grasp of English, the notes were not a sufficient way of telling him to improve. The notes were also not handed to him in person or emailed to him. Judge Livesey found the bakery had not done enough to make him aware that he had been issued with warnings.

The way someone is dismissed is often more important in a tribunal, than why they were dismissed. This case is a helpful reminder that despite having a fair reason to dismiss an employee, employers must always follow a fair and reasonable procedure and must always comply with the ACAS Code of Practice.

In this case, the respondent failed to ensure its warning letters to Mr Piaszczynski about his underperformance were actually received by him. Employers should always ensure there is a record of any letter being sent and received, either by email or recorded delivery – or both where appropriate.”

This article was first published by HR Magazine in June 2023.

For more information, visit our Employment Lawyers and Unfair Dismissal Claims pages.

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Shorter Reads

Baker wins tribunal after being sacked for holey loaves

Associate Daniel Zona comments on this crumby employment case.

Published 1 July 2023

Associated sectors / services

Artur Piaszczynski, the head baker at Leakers Bakery in Dorset, has won £15,000 in an unfair dismissal case after being sacked for making loaves with too many holes in them.

The tribunal found the former baker may have produced inconsistent bread, but he had not been set specific performance targets and received no clear warnings before he was sacked. When complaints about his bread were made, he was left notes by his boss.

The tribunal ruled that as Piaszczynski had a poor grasp of English, the notes were not a sufficient way of telling him to improve. The notes were also not handed to him in person or emailed to him. Judge Livesey found the bakery had not done enough to make him aware that he had been issued with warnings.

The way someone is dismissed is often more important in a tribunal, than why they were dismissed. This case is a helpful reminder that despite having a fair reason to dismiss an employee, employers must always follow a fair and reasonable procedure and must always comply with the ACAS Code of Practice.

In this case, the respondent failed to ensure its warning letters to Mr Piaszczynski about his underperformance were actually received by him. Employers should always ensure there is a record of any letter being sent and received, either by email or recorded delivery – or both where appropriate.”

This article was first published by HR Magazine in June 2023.

For more information, visit our Employment Lawyers and Unfair Dismissal Claims pages.

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