A man who fired his wife after she confronted him about an affair with his sous chef has been ordered to pay £10,000 in compensation following an employment tribunal.
In May 2022, Jacqueline Herling confronted her husband, Stefan Herling, about his infidelity after she discovered CCTV footage showing the affair at their business, the Beehive Inn, located in Combs, Derbyshire.
Jacqueline, who had worked at the pub since 2003, sued her husband and the family business for unfair dismissal, wrongful termination, unauthorized pay deductions, and victimization.
The tribunal heard that following a heated exchange, Jacqueline informed her husband that she would no longer work at the pub and would only perform “occasional duties” such as chopping logs and moving the lawn.
Over the next four months, Jacqueline continued to receive her salary. However, Stefan, who also served as the pub’s head chef, issued her a P45—a tax form indicating the termination of employment—without her knowledge.
Despite the marital tensions, the couple, married in 2008 and with two children, continued to live together at the pub. Jacqueline did not immediately move out after the argument but began divorce proceedings in July 2022.
Stefan then consulted the business accountant, who advised that Jacqueline could not be paid if she was no longer working for the pub.
In early October, Stefan issued her a P45, but Jacqueline was only made aware of it in November when she questioned why she had not received her previous month’s salary. Stefan claimed that Jacqueline had “resigned” by her actions in May when she discovered the affair.
The tribunal panel disagreed with this reasoning, stating that while Jacqueline may have made strong statements in the heat of the moment, they were not considered a formal resignation.
The tribunal concluded that Jacqueline’s dismissal occurred on November 4, 2022, when she learned about the P45. The panel emphasized that an employee cannot be dismissed unless they have been explicitly told or given notice of the termination.
Employment Judge Marion Batten, who upheld Jacqueline’s claim for unfair dismissal, noted that discussions between the couple about Jacqueline’s position, along with the accountant’s advice, might have led to alternative arrangements, such as offering Jacqueline the opportunity to return to work under revised terms. The tribunal awarded Jacqueline £9,676 in compensation for the unfair dismissal.
