Law Queries

One of my members has been dismissed for bullying. In her disciplinary hearing she was not allowed to challenge those who had made the allegations against her. Surely she has the right to do this and, does the fact that she was not allowed to, make her dismissal unfair?

There is no absolute right to cross-examine those making the complaints. Disciplinary hearings do not have the same status as judicial hearings, where there is always an opportunity to cross-examine. The Employment Appeal Tribunal (EAT) has recently ruled that although there may be cases where it would have been unreasonable for the employer not to permit cross-examination, there is no rule of law that says that a disciplinary procedure without the right to cross-examination is always unreasonable.

* More information: Santamera v Express Cargo Fordwarding, EAT780/00