“If in doubt, put it in writing”
by Liam
The statutory dismissal procedure calls for employees to be informed of their right of appeal against dismissal. However, the right need not be communicated in writing.
The decision of a recent Employment Appeal Tribunal in London chaired by the Honourable Lady Smith set aside the judgment at first instance which held that an employee had been automatically unfairly dismissed as she had not been informed of her right to appeal in writing despite admitting in evidence that she was aware of such a right .
Whilst the statutory procedure may not call for the right of appeal to be communicated in writing we believe it is safer to put it in writing, if only for evidential purposes.
Who wants to get to the tribunal door and not have incontrovertible evidence that the employee has been informed of a right of appeal ?
In the same case an uplift of the award at first instance due to the large size of the employer, a lack of consultation and the “shoddy” manner in which the employee had been treated was overturned as such factors were considered irrelevant despite a tribunal not being restricted by legislation from considering all the circumstances of the case.
We think there is a strong possibility that the Employment Appeal Tribunal will be reconsidering the criteria for uplifts of awards in the not too distant future.
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