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Unfair dismissal: Failure to follow a correct procedure

This report relates to 1 case(s)

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    Mansfield Hosiery Mills Ltd v M Bromley [1977] IRLR 301 EAT (0 other reports)

The technical unfair dismissal - ie where an employer is held to have acted unreasonably because he failed to adopt a correct procedure though, had he done so, the dismissal would likely have been fair - is an area of the law that has created a number of problems for Tribunals and the Courts. Traditionally, Industrial Tribunals have tended to find this kind of dismissal unfair and then to redress any inequity when assessing compensation - by making a reduction on grounds of the employee's contributory fault.