1st Stage Dismissal Procedure - Important New Authority

Just when you thought it was clear what needed to be included within a first stage statutory disciplinary procedure letter the EAT have now thrown a spanner in the proverbial works.

The EAT have held in Zimmer v Brezan that an employer MUST state in their letter inviting an employee to a disciplinary hearing that they are considering dismissal as an option if dismissal is likely to be a potential outcome. HHJ Burke held that whilst the words of the statutory procedure did not expressly require the employer to state, in writing, that it was contemplating dismissing the employee, it was desirable to construe the statutory procedure purposively so as to include such a requirement.

This is something to watch for dismissals that have already taken place and for those that are likely to occur.

If you need specific advice on any matter that is outstanding or any litigous matter arising out of this case, please email me on gda@hrlegalpartners.com