The appellant complained that he was not warned that the offence for which he was dismissed might lead to his dismissal. The EAT overturned the Employment Tribunal’s finding that the employer had acted reasonably in the dismissal where the tribunal had failed to take proper account of the failure of the employer to follow the ACAS code of practice on disciplinary practice and procedures, which provided: ‘Employees should be made aware of the likely consequences of breaking the rules and in particular they should be given a clear indication of the type of conduct which may warrant summary dismissal.’ The employer was strongly criticised for not having a code of conduct, and secondly for not following the provisions of the ACAS Code of Practice, and in particular, in not specifying what offences would be regarded gross misconduct justifying dismissal for a first breach.
Judges:
Morrison J
Citations:
Gazette 03-Sep-1998, [1998] IRLR 358
Cited by:
Confined to its facts – C Knight v King Edward VI Grammar School – Louth EAT 7-Oct-1999
EAT Unfair Dismissal – Procedural Fairness . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 09 April 2022; Ref: scu.83145