Davies v Farnborough College of Technology [2008] IRLR 14

Statutory dismissal and disciplinary procedures: Procedural fairness and redundancy dismissal

Date:

14 April 2008

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.