Woman sacked by cheating chef husband, Jacqueline Herling, has won nearly £10,000 in compensation after taking legal action against her spouse and their family business.
The dramatic series of events unfolded after she confronted her husband, Stefan Herling, with evidence of his infidelity, captured on CCTV at the Beehive Inn, the pub they co-owned in Derbyshire.
The case, heard by a Manchester employment tribunal, revealed a tangled web of personal betrayal and professional misconduct, ultimately resulting in a landmark ruling in Mrs. Herling’s favor.
Caught on CCTV: A Marriage in Turmoil
The unraveling of Jacqueline and Stefan Herling’s marriage began in May 2022 when Mrs. Herling discovered CCTV footage showing her husband engaging in an affair with his sous chef.
The revelation sparked a heated confrontation between the couple, during which Mrs. Herling declared she “would not set foot in the pub again.” This declaration marked the beginning of a deeply personal and legal battle that would later come to a head in the tribunal.
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The couple, who had been married since 2008 and shared two children, were not only partners in life but also co-ran the Beehive Inn in Combs, Derbyshire. Their home and workplace became the epicenter of the fallout as Mrs. Herling reduced her responsibilities at the pub to occasional tasks like chopping logs and mowing lawns.
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Mr. Herling’s response to the situation was to suggest that his wife take time to consider her next steps. However, by July 2022, Mrs. Herling had initiated divorce proceedings, setting the stage for further conflicts regarding her role in the family business.
Unfair Dismissal: The Tribunal’s Verdict
As tensions between the couple escalated, Mr. Herling decided to consult the pub’s accountant, who advised that his wife could not continue receiving her notional annual salary of £9,000 if she was not actively working.
Acting on this advice, he issued her a P45, effectively terminating her employment. Crucially, Mrs. Herling was not informed of this decision until November 4, 2022, when she discovered the P45 through the electronic payroll system.
The tribunal highlighted this lack of communication as a significant factor in its ruling. It stated, “An employee cannot effectively be dismissed unless or until she is told so or has been given notice of such.”
The panel criticized Mr. Herling for failing to attempt a compromise, noting that while Mrs. Herling may not have returned to work ultimately, there was an obligation to explore other options before terminating her employment.
In her lawsuit, Mrs. Herling accused her husband and their business of unfair and wrongful dismissal, unauthorized pay deductions, and victimization. The tribunal upheld her claims, awarding her £9,676 in compensation for the wrongful dismissal and financial hardship she endured as a result.
A Personal and Professional Struggle
The fallout from the incident extended beyond the legal realm, profoundly affecting the Herlings’ personal lives. Despite her dismissal, Mrs. Herling continued living at the Beehive Inn with her children. She eventually sought employment at a local supermarket to support herself financially after being cut off from her salary.
The tribunal’s ruling not only provided financial relief but also served as a vindication for Mrs. Herling’s grievances. The judgment underscored the importance of procedural fairness in employment matters, even within the context of family-run businesses where personal relationships often complicate professional dynamics.
The case also shed light on the challenges faced by women in similar circumstances, particularly those who must navigate the complexities of personal betrayal, professional disputes, and legal battles simultaneously. Mrs. Herling’s story resonated with many, highlighting the resilience required to stand up for one’s rights in the face of adversity.