header-logo header-logo

23 March 2007
Issue: 7265 / Categories: Case law , Law digest
printer mail-detail

EMPLOYMENT

YMCA Training v Stewart [2007] IRLR 185

In determining whether the requirements of step one of the statutory dismissal and disciplinary procedure are met, it is necessary to look beneath the parties’ own labels and focus on whether the substantive requirements of the statute were met.

Tribunals must not be distracted by the fact that the parties may have been following an internal procedure with more elaborate requirements, and different terminology, from those required by the statute. It does not matter that the requirements of both step one and step two are addressed in the same letter. The statutory procedure permits the employer to present its case in two stages—stating the grounds first and supplying the basis for them later—but it does not oblige the employer to do so.

Employers may state both the grounds for the contemplated action and the basis of those grounds at the same time. It is inherent in the requirements of step two that the employer should not announce any decision until the employee has had the opportunity to put their case at

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll