Scope of statutory procedures

Case 7: The facts

Mr Scott-Davies was dismissed before he had a year's service with his employer, and so could not bring an unfair dismissal claim. However, he brought a tribunal claim arguing that, if he had been given his written particulars of employment (as required under section 1 of the Employment Rights Act 1996) and had had access to the statutory grievance and disciplinary procedures, he would not have been dismissed.

The ruling

The Employment Appeal Tribunal rejected Scott-Davies' claims for compensation. There is no compensation available as a remedy for an employer's failure to provide particulars of employment, it said, and an employee has no freestanding right to bring a claim for a failure to follow the statutory dispute resolution procedures.

Scott-Davies v Redgate Medical Services EAT/0273/06

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