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When failing to follow the correct procedure make for an unfair dismissal

When deciding whether a dismissal is fair, a tribunal will look to see whether the employer 1. Had the reason to dismiss, and 2. When through a fair procedure.

In this recent case, Asda had the reason to dismiss the employee because she had deliberately obtained an additional refund for a toothbrush. However, they found that as the employer had failed to follow a fair procedure, by refusing her an appeal hearing on the basis that her grounds had been submitted two days after the seven day deadline, this was both unfair and unreasonable.

That said, her damages were reduced to zero, but that didn’t avoid the cost and time the employer spent in defending the tribunal proceedings.

If you wish advice on how to conduct a fair procedure contact us

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