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HOT NEWS 24 May2007

FURTHER CONSULTATION OF DISPUTE RESOLUTION (UNFAIR DISMISSAL)
 
In March the DTI commenced a consultation exercise seeking views on the recommendations of the earlier review of the statutory dispute resolution procedures. One of the key recommendations of the review was that the procedures be repealed. Now, an extension to the consultation has been announced to look at options in relation to procedural fairness in unfair dismissal assuming the procedures are repealed. There are three options to consider:
  • Procedural failings would render a dismissal unfair but the compensation would be reduced to reflect the likelihood of the dismissal occurring anyway.
  • A tribunal would be able to issue a judgement stating the dismissal was procedurally unfair but substantively fair and award compensation to reflect this decision.
  • A ‘no difference’ rule where a procedurally unfair dismissal would be held to be fair if following a procedure would have made ‘no difference’.
The Government has expressed a preference for the second option. Responses to the consultation must still be submitted by 20 June 2007.

Click here to read the review. Click here to read the consultation document. Click here to read the supplementary consultation document.



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