All items: Compliance with statutory disciplinary procedures

• expand

  A to B Travel Ltd v Kennedy EAT/0341/06 (1 report relating to this case)

  • A to B Travel Ltd v Kennedy

    Date:

    19 December 2006

    In A to B Travel Ltd v Kennedy EAT/0341/06, the Employment Appeal Tribunal has held that a dismissal is not automatically unfair where an employer follows the statutory dismissal and disciplinary procedure, but the employee is suspended without pay prior to the procedure's commencement.

• expand

  Alexander and another v Bridgen Enterprises Ltd [2006] IRLR 422 EAT (1 report relating to this case)

  • Statutory dismissal and disciplinary procedures: Procedural unfairness and redundancy dismissals

    Date:

    3 November 2006

    In Alexander and another v Bridgen Enterprises Ltd [2006] IRLR 422 EAT, the Employment Appeal Tribunal holds that two employees were automatically unfairly dismissed in breach of the statutory dismissal procedure because the employer had not provided sufficient information about their selection for redundancy in advance of the dismissal meeting.

• expand

  Aptuit (Edinburgh) Ltd v Kennedy EATS/0057/06 (1 report relating to this case)

  • Case of the week: Communicating the right of appeal

    Date:

    11 September 2007

    This week's case of the week, provided by Addleshaw Goddard, covers communication of the right of appeal under the statutory dismissal and disciplinary procedure.

• expand

  Ashcroft v Haberdashers' Aske's Boys' School [2008] IRLR 375 EAT (1 report relating to this case)

  • Time limits: Not reasonably practicable for claim to be presented in time

    Date:

    28 April 2008

    In Ashcroft v Haberdashers' Aske's Boys' School [2008] IRLR 375, the EAT held that an employee who learnt the outcome of his appeal against dismissal only six hours before the expiry of the normal three-month time limit for bringing a tribunal claim was entitled to an extension of time.

• expand

  Codemasters Software Company Ltd v Wong EAT/0639/06 (1 report relating to this case)

  • Statutory dispute resolution procedures: Employee had reasonable belief in ongoing dismissal or disciplinary procedure

    Date:

    17 April 2007

    In Codemasters Software Company Ltd v Wong EAT/0639/06 the Employment Appeal Tribunal held that an employee who appealed 87 days after his dismissal had a reasonable belief that a dismissal or disciplinary procedure was ongoing, with the result that the time limit for submitting his unfair dismissal claim to tribunal was extended.

• expand

  Davies v Farnborough College of Technology [2008] IRLR 14 (1 report relating to this case)

  • 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.

• expand

  Draper v Mears Ltd [2006] IRLR 869 EAT (2 reports relating to this case)

  • Statutory dismissal and disciplinary procedure: Compliance with step one of the statutory dismissal and disciplinary procedure

    Date:

    26 February 2007

    In Draper v Mears Ltd [2006] IRLR 869 EAT, the Employment Appeal Tribunal holds that a letter inviting an employee to a disciplinary meeting to consider "conduct which fails to reasonably ensure health and safety of oneself and others" after a drink-driving incident was sufficient to comply with step one of the statutory procedure.

  • Case round-up: Statutory dismissal and disciplinary procedures

    Date:

    3 October 2006

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

• expand

  Homeserve Emergency Services Ltd v Dixon EAT/0127/07 (3 reports relating to this case)

  • Statutory dispute resolution procedures: Implicit reference to possible dismissal in step-one letter satisfied statutory requirement

    Date:

    17 December 2007

    In Homeserve Emergency Services Ltd v Dixon EAT/0127/07, the EAT held that an employer complied with step one of the statutory dismissal and disciplinary procedure when it called an employee to a disciplinary meeting by a letter that implicitly, although not expressly, indicated that dismissal for misconduct was contemplated.

  • Homeserve Emergency Services Ltd v Dixon

    Date:

    7 November 2007

    In Homeserve Emergency Services Ltd v Dixon EAT 0127/07, the Employment Appeal Tribunal (EAT) has held that a letter inviting the employee to a disciplinary hearing did not need to state that dismissal was a possible outcome. Also, information about the basis for the allegations did not need to be given after the step one letter, it could be given before.

  • Case of the week: Statutory dismissal and disciplinary procedure

    Date:

    23 October 2007

    This week's case of the week, provided by DLA Piper, covers the statutory dismissal and disciplinary procedure.

• expand

  Ingram v Bristol Street Parts EAT/0601/06 (2 reports relating to this case)

  • Statutory dismissal and disciplinary procedure: Failure to disclose evidence ahead of disciplinary hearing

    Date:

    8 August 2007

    In Ingram v Bristol Street Parts EAT/0601/06 the Employment Appeal Tribunal held that to comply with the statutory disciplinary procedure, it is not necessary for the employer to give the employee access to all the evidence on which it intends to rely in advance of the hearing.

  • Ingram v Bristol Street Parts

    Date:

    2 May 2007

    In Ingram v Bristol Street Parts EAT/0601/06, the Employment Appeal Tribunal (EAT) has considered the information that has to be provided to an employee before and during a disciplinary hearing.

• expand

  Madhewoo v NHS Direct UKEAT/0030/06 (1 report relating to this case)

  • Dispute resolution: Meaning of "first contemplates dismissal"

    Date:

    23 June 2006

    In Madhewoo v NHS Direct UKEAT/0030/06 the Employment Appeal Tribunal holds that dismissal was first contemplated when it was concluded that there was sufficient evidence of gross misconduct to proceed to a disciplinary hearing. As this occurred before 1 October 2004, the unfair dismissal time limit could not be extended.