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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

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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