Chester 01244 405555

Grosvenor Court
Foregate Street Chester
Cheshire CH1 1HG
DX: 19990 Chester

Shrewsbury 01743 443 043

Lakeside House
Oxon Business Park
Shrewsbury SY3 5HJ
DX: 148563 Shrewsbury 14

Manchester 0844 800 8346

Pall Mall Court
61-67 King Street
Manchester M2 4PD

Send us a message
Our Offices

Near miss of a shark bite leads to dismissal

28th March, 2014

A settlement has been reached between the parties where a charity worker was dismissed for ‘wrestling a shark’ whilst on sickness absence.

Mr Marshallsea had been employed by the Pant and Dowlais Boys and Girls Club for approximately 10 years when he went on an extended period of sickness absence, during which he travelled to Australia with his family.

Unfortunately the startling events which followed ultimately lead to his dismissal.

Mr Marshallsea was having a barbecue by a beach on the Sunshine Coast when a fin was spotted in shallow waters where young children were playing. There was no hesitation before Mr Marshallsea ran to the scene and grabbed what turned out to be a 6ft shark by the tail. Once he had dragged the dangerous animal a safe distance into the sea, the shark turned on Mr Marshallsea and just missed him with a bite to the leg.

Employment issues arose in this case when the dramatic scenes were captured on video by a nearby TV crew and Mr Marshallsea’s employer saw the footage.

On his return home from Australia, Mr Marshallsea was greeted with a dismissal letter stating that “whilst unfit to work, you were well enough to travel to Australia where you allegedly grabbed a shark by the tail and narrowly missed being bitten by quickly jumping out of the way” and that due to a breakdown in trust and confidence, the Pant and Dowlais Boys and Girls Club found “dismissal to be the only course of action”.

We understand that a settlement has now been reached between the parties and that this matter will not progress to the Tribunal. However, it does highlight how the most unexpected of circumstances can lead the adverse effects in employment.

For further information and advice in relation to employment disputes and unfair dismissal, please contact Helen Watson on 01244 405565 or send an email to [email protected].

You might also be interested in...

Legal expert’s data protection workshops pull in the crowds

22nd May, 2018

With the General Data Protection Regulation (GDPR) coming into force in May, businesses across Shropshire have been flocking to hear more about the new laws Paul Bennett, a partner at law firm Aaron & Partners LLP, has been delivering seminars in partnership with the Shropshire Chamber of Commerce An employment solicitor from Shrewsbury is urging businesses across the... Read More »

Experienced HR leader joins Aaron & Partners LLP

15th May, 2018

Experienced HR leader joins Aaron & Partners LLP Law firm with offices in Chester and Shrewsbury appoints Kate Robertson to drive HR strategy for more than 120 staff and to support the company’s growth Chester law firm Aaron & Partners LLP has strengthened its senior leadership team with the appointment of an experienced human resources manager. Kate Robertson... Read More »

When you should NOT pay the bailiff…

24th April, 2018

Jan Chillery, Insolvency Partner at Aaron & Partners LLP, shares her experience and the reasons why we should be cautious before paying so-called “bailiffs” over the phone or online without vetting them first. My neighbour has told me that recently he had a CCJ (County Court Judgment) against him. A day or so later, he received a phone call... Read More »

Contact Us