STATUTORY DISMISSAL PROCEDURES

The EAT has handed down a judgment which includes two interesting points relating to the statutory dismissal procedures.

The case of Aptuit Ltd v Kennedy was one of unfair dismissal, where the tribunal held that the Claimant was automatically unfairly dismissed, because the Respondent failed to offer an appeal in writing, and awarded a 40% uplift in compensation for this.  The EAT upheld the Respondent's appeal on two counts.

Firstly the EAT set out that there is no requirement for written notification of the right of appeal in the statutory dismissal procedure - verbal communication will suffice.

Notwithstanding the above, KLC recommend that as a matter of good practice, employers always confirm the right of appeal in writing.

Secondly, the EAT found that the tribunal had erred in their assessment of the appropriate uplift in compensation.   The tribunal had taken into account what the EAT considered irrelevant factors: that the Respondent was a large employer; that there had been a general lack of consultation; and, that the Claimant's treatment had been shoddy. The EAT set out they should only have regard to the failure to follow the statutory procedure.

To read the full case report click here: