Case Studies

Case Studies
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Even a hero needs a little assistance to battle an unfair disciplinary process
Published 22 March 2023

We would all want to be brave enough to step in to stop someone being beaten up, but when Cerys did so it nearly had dire consequences.
Cerys did not hesitate to intervene when she saw a female retail assistant being attacked by two shoplifters while members of the public stood by and did nothing.
The woman was being repeatedly kicked while on the ground and desperately clinging on to a bag of stolen goods from her shop, which the two men were trying to escape with.
Cerys, who worked in a neighbouring shop, ran out and charged into the back of one of the men. She knocked him to the ground. The other man grabbed the bag and fled.
A passing van driver stopped his vehicle got out and grappled with the other thief to stop him fleeing. He was eventually pinned to the ground with help from Cerys, who helped to keep him there until the police arrived.
Cerys would later face a disciplinary hearing for assaulting a member of the public and behaviour that could potentially bring her employer into disrepute.
CCTV footage from outside the shop where Cerys worked provided the main evidence against her.
Footage showed the shoplifter with a bloodied face being taken away by police.
He complained he had been assaulted by Cerys and the van driver. Police spoke to Cerys, but no action was taken against her.
Despite this, when Cerys first contacted our Employee Support Centre she explained her bosses felt she had overstepped the mark.
Cerys, who had worked for her employer for five years, felt it had overreacted and she was being treated unfairly.
What made matters worse for Cerys was that she had an active final warning on her disciplinary record following a previous disciplinary investigation.
She was given that warning and moved store after a colleague raised a grievance against her. Cerys denied any wrongdoing in that case.
Our representative and Cerys were given an opportunity to view the CCTV ahead of her latest disciplinary hearing.
What appeared to be the biggest concern to the employer was the fact the footage showed Cerys was very animated after the man had been arrested, could be seen remonstrating with him while he was handcuffed and had to be ushered away by a police officer.
This was done while she was wearing her distinctive work uniform and bystanders could be seen filming what was happening on their mobile phones.
Cerys was the first to admit there was an adrenaline rush in getting involved and emotion probably got the better of her.
Our representative explained this at the disciplinary hearing and said it was an understandable reaction in the circumstances.
He told the hearing Cerys’s actions were courageous and heroic, prevented another worker from suffering serious harm, and her bravery should be commended. Our representative maintained she used reasonable force in the situation.
The allegation of assaulting a member of the public is a criminal offence and the fact police had spoken to Cerys and taken no further action, was referred to by our representative as perhaps the most compelling evidence the allegation was unfounded and unfair.
Our representative pointed out no evidence had been produced to indicate the employer had been brought into disrepute or to show that Cerys was anything but a credit to the company.
Prior to the hearing our representative had asked Cerys if she could get a witness statement from the worker from the neighbouring shop who was attacked.
The woman was more than willing to provide a statement for the hearing. In it she said when she was on the floor being attacked she feared she was going to die, Cerys saved her life and she would forever be grateful.
Our representative was forceful in his assertion that Cerys should be cleared of any wrongdoing.
Following the presentation of Cerys’s case the disciplinary hearing chair only asked a few questions.
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