What is a Dismissal Procedure?
Kelly-Madden v Manor Surgery
EAT
19 October 2006
Daily Law Notes Summary
Almost any procedure used by an employer to investigate
allegations leading to a dismissal would qualify as a "procedure
in relation to the dismissal of an employee" for the purposes of
section 98A(2) of the Employment Rights Act 1996. The Tribunal
still ha a discretion. " . . . even if the employer could show
that the employee would still have been dismissed had proper
procedures been applied, it did not mean that the dismissal would
always be fair, since it might be unfair quite independently of
the procedural defects."