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

NLJ Career Profile: Jonathan Tardif, Browne Jacobson

NLJ Career Profile: Jonathan Tardif, Browne Jacobson

Jonathan Tardif, Browne Jacobson’s senior partner, on leadership, mentorship and why retaining diverse talent is the legal profession's next big challenge

Freeths—Alastair Frood

Freeths—Alastair Frood

Freeths strengthens disputes capability in Scotland with partner appointment in Glasgow

Sackers—Michael Jones

Sackers—Michael Jones

Michael Jones joins Sackers as partner

NEWS
Motor finance and consumer credit claims can be brought as a collective action or ‘omnibus’ claim, the Court of Appeal has held, in a landmark decision
Involving children as young as ten years old in the criminal justice system is ineffective, punishes disadvantage and acts as a catalyst to increase the likelihood of future offending, barristers have warned
The Crown Court backlog stabilised at the end of March, reducing by 37 cases to 80,061—a slight fall on the previous quarter but a 5% rise on the same quarter last year
The Solicitors Regulation Authority (SRA) is taking former general counsel of the Post Office, Jane Elizabeth MacLeod, and another solicitor to the Solicitors Disciplinary Tribunal
Businesses are operating in an increasingly volatile environment due to technology, geopolitical and regulatory threats, according to Clyde & Co’s annual corporate risk radar survey
back-to-top-scroll