Disciplinary Procedures
Yorkshire Housing Ltd v Swanson β EAT -12/6/08
The Employment Appeal Tribunal confirmed that an unreasonable delay in complying with any step of the standard dismissal and disciplinary procedure is to be regarded as non-completion of the statutory procedures despite the fact both parties continue with the procedure to its conclusion. The consequence is that the employee could be regarded as automatically unfairly dismissed. In this case there was a delay of 5 months between the disciplinary hearing and notification of the outcome to the employee.
Grievance Letter
Bottomley v Wakefield District Housing βEAT - 08/1/08
Employees who were transferred to a new employer under TUPE were not prevented from bringing an Employment Tribunal claim against their new employer based on a grievance addressed to their previous employer, provided it has actually been sent to the new employer.
Procek v Oakford Farms β EAT β 02/7/08
The Employment Appeal Tribunal decided that a written complaint which stated that it was informal, nevertheless triggered the statutory grievance procedure.