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31 July 2008
Issue: 7332 / Categories: Legal News , Disciplinary&grievance procedures , Employment
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Employer wins landmark unfair dismissal case

Legal news

Delay in dealing with any part of the statutory dismissal procedure does not render the dismissal automatically unfair, the Court of Appeal has decided.

In Selvarajan v Wilmot the court ruled that the sacking of three employees by Bolton GP Dr Selvarajan, on the grounds of misconduct, was fair.

Selvarajan fired the trio for allegedly making false overtime claims. They said their dismissal was automatically unfair because there had been a delay of several months in hearing the appeals against the decision to sack them.

Although the Employment Appeal Tribunal found that where there was non compliance with any step or general requirement of the statutory procedure this would render the procedure incomplete and thus dismissals automatically unfair, it remitted the matter to tribunal to establish whether the delay in hearing the appeal was reasonable. Selvarajan appealed to the Court of Appeal.

Joanne Martin, solicitor at Davies Arnold Cooper, who acted for Selvarajan, says: “This decision makes it clear that completion of the steps of a statutory dismissal procedure is wholly separate to compliance with the general requirements of the statutory procedures. Failure to comply with a general requirement of a procedure is not of itself a failure to complete it. For as long as the statutory procedures remain in place, all employers and practitioners should be aware of this decision.”

MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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