Woman sacked by chef husband after she caught him cheating wins huge payout

Husband who fired his wife after she caught him having an affair with his sous chef has been ordered to pay £10,000 in compensation.

Jacqueline Herling, confronted Stefan Herling, in May 2022, about his infidelity. She had seen CCTV footage of his affair at the Beehive Inn, their business in Combs, Derbyshire.

Jacqueline sued her husband and the family business for unfair and wrongful dismissal, unauthorised pay deduction and victimisation. she had worked at the pub from 2003.

An employment tribunal was told that Jacqueline said she "would not set foot in the pub again," reducing her work to "occasional duties," during a heated exchange, reported The Mirror.

Over the next four months, she received her salary as per usual, until her husband who is the head chef, issued her a p45 without her knowledge. A p45 is a reference code of a tax form titled "Details of employee leaving work," that is issued by an employer upon termination of an employee.

Married in 2008, the couple have two children together and were residing in the pub. An employment tribunal in Manchester, heard that Jacqueline did not move out of the house even after the argument. She reduced her work to "occasional duties" such as chopping logs and moving the lawn.

Stefan urged his wife to “think about things and take her time before making any or any long-term decisions”, but she began divorce proceedings in July 2022.

After consulting with the business accountant, who said Jacqueline could not be paid if she was not working for the pub. Stefan issued her a p45 at the beginning of October. She was made aware about this at the start of November when she asked her husband why she hadn't received the previous month's pay. Stefan argued that his wife "resigned" by her conduct on May 30 2022, when she discovered the affair.

The panel disagreeing with this said that in the heat of the moment a number of things were said, however they were not acted upon. Left without a salary, she has to start a new job at a local supermarket.

The tribunal concluded that Jacqueline was dismissed on November 4 2022, “when she found out that she had been issued with a P45”. “An employee cannot effectively be dismissed unless or until she is told so or has been given notice of such,” the panel said.

Employment Judge Marion Batten, upholding her claim of unfair dismissal, said: "[Mr and Mrs Herling] continued to live side by side in the pub and did converse. Discussions about [Mrs Herling's] position and the accountant's advice might have resulted in [the couple] coming to some alternative arrangements for [her] employment, for example, it may have led to [Mr Herling] offering [her] the opportunity to return to work in the business on revised terms and conditions," according to the report.

The employment tribunal upheld her claim and awarded her £9,676 in compensation.