Standard procedure

Latest items in Standard procedure

  • Suffolk Mental Health Partnership NHS Trust v Hurst and others; Sandwell Metropolitan Borough Council and others v Arnold and others

    Date:
    16 April 2009
    Type:
    Law reports

    The Court of Appeal has upheld an Employment Appeal Tribunal (EAT) decision that employees who identified that their grievance related to equal pay complied with step one of the statutory grievance procedure. It was not necessary for the employees to identify comparators when raising their grievance.

  • Zimmer Ltd v Brezan

    Date:
    18 February 2009
    Type:
    Law reports

    The Employment Appeal Tribunal has upheld an employment tribunal finding that a dismissal was automatically unfair because the risk of dismissal was not made clear in the step one letter.

  • Statutory dismissal and disciplinary procedures: Procedural fairness and redundancy dismissal

    Date:
    14 April 2008
    Type:
    Law reports

    In Davies v Farnborough College of Technology [2008] IRLR 14, the EAT held that a dismissal that involved a breach of step two of the statutory dismissal and disciplinary procedure was automatically unfair, even though a full and proper appeal had been heard. The tribunal was wrong to find that the appeal "cured" the defect in the original hearing. However, it was clear that a dismissal would have occurred even if the procedure had been properly followed, so the compensatory award was set at zero.

  • Unfair dismissal: Immigration status of employee

    Date:
    29 January 2008
    Type:
    Law reports

    In Klusova v London Borough of Hounslow [2007] EWCA Civ 1127, the Court of Appeal upheld a finding of unfair dismissal in the case of an employee who was dismissed on the grounds that she was no longer entitled to work in the UK. There was evidence to support the tribunal's finding that the employee was, in fact, legally entitled to work in the UK at the time of her dismissal. While the employer's mistaken belief about her immigration status was capable of amounting to "some other substantial reason" for dismissal, the fact that the employer had failed to follow the statutory dismissal procedure rendered the dismissal automatically unfair.

  • Case round-up: Statutory dismissal and disciplinary procedures

    Date:
    3 October 2006
    Type:
    Law reports

    This week's case round-up from Eversheds, covering the statutory dismissal and disciplinary procedures.

  • Case digest

    Date:
    1 September 2006
    Type:
    Law reports

    Tina McKevitt, lecturer in employment law at University of Sheffield, provides a round-up of employment tribunal decisions on discrimination.

  • Case round-up: Statutory dismissal and disciplinary procedures

    Date:
    31 January 2006
    Type:
    Law reports

    This week's case round-up from Eversheds, covering the statutory dismissal and disciplinary procedures.

  • Date:
    1 July 2004
    Type:
    Legal timetable

    The Regulations require employers to develop and make available to employees minimum statutory procedures for resolving grievances and dealing with allegations of misconduct and poor performance in the workplace.

About this topic

HR and legal information and guidance relating to the standard statutory dismissal and disciplinary procedure.