Workplace Report May 2009

Law - Tribunal procedures

Employment tribunals - the key developments

• The statutory dismissal and disciplinary procedures can be complied with even if the step 1 letter is sent out and step 2 meeting is held, after the decision to dismiss/discipline has been taken (case 1).

• Although selecting candidates for redundancy by interview involves a degree of subjectivity, a dismissal by such a method of redundancy selection will not necessarily be unfair (case 2).

• Compensation for an individual who has been constructively dismissed includes the value of their notice period, even where they have gone on to find alternative work before the expiry of the (notional) notice period (case 3).

Case details are available at www.employmentappeals.gov.uk (EAT) and www.bailii.org (Court of Appeal). Call 020 8686 9141 for details of the journal Industrial Relations Law Reports (IRLR).