Failure to appeal
by Sarah
We had a case before the Employment Tribunal this week which brought up an interesting point with regards to the statutory dismissal procedure. An employer forgot to give the employee a right of appeal in the dismissal meeting and then forgot to add the right at the end of the dismissal letter.
Thankfully the employee appealed anyway but then failed to attend the meeting. The Tribunal found on a strict construction of the statutory dismissal rules that the non-completion of the statutory dismissal procedure was the employee’s failure to attend the appeal not the employer’s failure to give the right to appeal. The dismissal was not automatically unfair. This is not precedent setting but an interesting technical argument for us lawyer geeks anyhow!
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