EAT STATUTORY DISCIPLINE AND GRIEVANCE PROCEDURES
Whether infringed
Impact on compensation
UNFAIR DISMISSAL
Compensation
Mitigation of loss
The principal issues in the appeal concerned the now repealed statutory dismissal procedure in Employment Act 2002 Schedule 2 Part 1 Chapter 1.
The Employment Tribunal did not err in holding that the employer was in breach of the statutory dismissal procedure by failing to warn the employee of the possibility that the disciplinary hearing could result in her dismissal in accordance with Step 1 and Alexander v Bridgen Enterprises Ltd [2006] IRLR 422. The giving of such a warning before a reconvened hearing did not cure the defect as the hearing was not restarted after the necessary information had been given. YMCA Training v Stewart [2007] IRLR 185 considered.
The decision of the Employment Tribunal to award an uplift of 30% in the compensatory award was perverse.
The Employment Tribunal failed to make any findings as to the medical ability of the employee to work after her dismissal or as to the availability of suitable work for her. The award of compensation until retirement date was not based on findings of fact.
Compensatory award and 30% uplift set aside. Claim for compensatory award remitted to a different Employment Tribunal for rehearing. 10% uplift to be applied to any compensatory award.
Judges:
Slade J
Citations:
[2010] UKEAT 0398 – 09 – 1908
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Alexander and Hathersley v Bridgen Enterprises Ltd EAT 29-Mar-2006
The EAT considered the effect of an employer’s failure to comply with the statutory procedures in a redundancy.
Held: ‘there is an automatically unfair dismissal where there is a failure fully to comply with any relevant statutory procedure. . .
Cited – YMCA Training v Stewart EAT 6-Dec-2006
EAT Unfair dismissal – Polkey deduction/ Automatically unfair reasons
Employment Tribunal wrong to find breaches of ‘step 1’ and ‘step 2’ of statutory dismissal procedure and accordingly wrong to find . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 14 August 2022; Ref: scu.421530