An Industrial Tribunal has found that a County Down man, who works as a George Best impersonator, was unfairly dismissed having been accused of stealing chocolates worth £250. Mark O’Hare, 33, from Newcastle, worked at the Slieve Donnard hotel as a concierge in addition to the impersonator role.
On 13 May 2014, he signed to accept delivery of chocolates worth £250 that went missing from the hotel. Mr. O’Hare was accused of theft, an accusation which led to his absence from work with stress, anxiety and depression.
Despite receiving sick lines from his doctor and attending the hotel’s own Occupation Health department, the employer refused to accept that Mr. O’Hare was ill and trawled his social media accounts to try and produce evidence that he was faking the condition.
In what the Tribunal described as a “most unusual turn of events”, Mark McGurnaghan, the HR Manager went to so far as to write to Mr. O’Hare’s GP threatening to report him to the General Medical Council for providing fit notes. The letter included a list of social media posts which Mr. McGurnaghan claimed proved Mr. O’Hare was not suffering from stress and was capable for work.
The Tribunal said that it was “most unfortunate” that the employer “decided that social media postings of [Mr O’Hare] and going to football matches meant that he could not suffer from mental health problems despite the medical evidence to the contrary.” Awarding him £14,900, the Tribunal went onto find that the Slieve Donnard had failed to make clear what Mr. O’Hare was actually accused of and were simply determined to get rid of him when dismissing him by letter on 15 May 2015.
Mr. O’Hare said “I am delighted with the result and pleased that the Tribunal believed me. It has been a long road. The treatment that I suffered at the hands of my employer shows that a stigma remains around mental health issues.”
His solicitor, Cormac Rice of Paul Doran Law added “this is a fantastic outcome from Mark and vindication for him in light of some appalling treatment at the hands of his employer”. He added that the decision gives a clear warning to employers not to seek to form their own opinions when faced with clear medical evidence.
Need help?
For a FREE assessment of your claim, call 0808 168 7288 or fill in the contact form on the top right of this page.
We have already helped thousands of people to win millions of pounds in compensation.
You have a choice of ways to pay, including ‘no win, no fee’.
We will also discuss the best methods of funding your case and seek to reach a solution that best suits your needs. This can involve a “no-win, no-fee” agreement if appropriate.