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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war
back-to-top-scroll