The former deputy course manager at one of the UK’s greatest golf clubs has won an unfair dismissal case after he was sacked because his digger fell into a hole.
However, his compensation will be reduced by 50 percent because he failed to record the incident.
According to the Daily Mail, Michael Haynes’s excavator had to be pulled from a trench at Walton Heath Golf Club in Surrey.
Haynes, 58, the deputy course manager, dismissed the incident as minor because no damage was done, and did not report it formally in a logbook.
However, he was later dismissed for gross misconduct after almost 40 years of service.
An employment tribunal has now found the disciplinary action taken against Haynes had ‘snowballed’ without alternatives being considered.
As well as his job, Haynes and his wife lost their free accommodation provided by the club.
The tribunal heard the golf course had two diggers weighing 7.5 tons and 2.5 tons and that, during a staff training course in November 2021, instructor Ian Foster told course manager Michael Mann that Haynes was lucky not to be injured in his accident earlier that year.
But Mann said he was not aware of the incident, in which Haynes’ digger toppled into a hole cab-side down while he wasn’t wearing his seatbelt.
The club launched proceedings against Haynes, saying his failure to report the incident was a serious breach of health and safety procedures.
Haynes argued he had mentioned the incident to Mann at the time, and did not need to formally write it up in the accident book.
He was later dismissed without notice because his explanation was deemed ‘unacceptable’ and he had failed to follow the correct reporting procedures.
The club said it had ‘no confidence’ that Haynes would follow health and safety rules and the possibility of future incidents not being reported was ‘high’.
Haynes appealed the dismissal twice and provided evidence of incidents not reported by other members of staff.
The tribunal has now found Haynes’ dismissal was ‘procedurally unfair’ because those investigating his conduct ‘exaggerated and maximised’ the seriousness of the incident.
They did also criticise Haynes for failing to report the incident.
Employment judge Adam Leith said: “The responsibility to record the incident in the accident book fell on Haynes. His failure to do so was rendered considerably starker because of his [senior] role.”
Haynes’ compensation – which will be reduced by 50 percent due to his error – will be decided at a later date.
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