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Caught Using Phone Whilst Driving by My Employer - Can I Be Dismissed? LocalSolicitors.com

If an employee is caught at work on his mobile phone by his employer and he is a driver, what could the outcome be from the employer?

If you are successful in making a claim for "unfair constructive dismissal" against your employer, the compensation you receive will be based on two parts:

1) the basic award
2) the compensatory award

The basic award is a payment that is dependent upon the length of time that you have been in continuous employment with your employer, your age, and your weekly pay before tax. The basic award is made up using the following calculations:

 * Half a week's wages for each year of employment between 16 and 21 years of age.
 * One week's pay for each year of employment between 22 and 40 years of age.
 * One and a half week's pay for each year of employment between 41 and 65 years of age.

With these calculations, there is an upper limit on the amount of weekly pay you can claim, as well as an overall maximum amount. As of 1st February 2014, these maximum payments have been set at £464 per week and £13,920 as the maximum payment for the basic award part of the compensation package.

As the name suggests, the compensatory award is intended to compensate you for any financial loss relating to your dismissal. The compensatory award may include your loss of wages and future loss of wages, and loss of benefits such as health care and car allowances. It may also include loss of pension rights, loss of employment rights, and the manner in which you were dismissed.

As of 6th April 2014, the maximum amount of compensation that an employment tribunal can award as a compensatory award is £76,574 or one year's gross pay, whichever amount is the lower sum.

How much compensation will I receive for constructive dismissal?

The general basis of your situation is that your 'original' contract and employment continues whilst you are on secondment. If your original role is at risk of redundancy, then you should be consulted about this. If the original role is redundant, then redeployment should be looked at. This may include staying in your current role permanently, but this could be dependent on the nature of the relationship between your original employer and the current 'host'. You may also be independently offered the role permanently with the 'host' if it is needed. The length of the secondment will not in itself be definitive here. A detailed consideration of the role/s, contracts and the nature of the relationships would need to be undertaken. For example, in some circumstances like this the transfer of employment regulations (TUPE) may have already taken effect so that your employment has already transferred to the 'host' company.If you are concerned, you could make enquiries with your ‘original’ employer to ascertain what they understand the situation to be and their intentions and possibilities going forward.

How have my employment rights changed if i have been seconded for 5 years?

Lisa Dearman

If an employee is caught at work on his mobile phone by his employer and he is a driver, what could the outcome be from the employer?

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