header-logo header-logo

Employment law

14 August 2008
Issue: 7334 / Categories: Case law , Law digest , Employment
printer mail-detail

Wilmot v Selvarajan [2008] EWCA Civ 862, [2008] All ER (D) 310 (Jul)

The employees argued that there had been unreasonable delay on the part of the employer in relation to the standard dismissal and disciplinary procedure. They argued that the delay meant that the procedure has not been completed for the purposes of s 98A of the Employment Rights Act 1996, rendering the dismissals automatically unfair.

HELD The question whether the procedure has been completed must be addressed before the question of noncompliance with the general requirements of the procedure. If the procedure has been completed, the question whether there has been non-compliance with those general requirements never arises.

Completion of the procedure is not conditional on compliance with the general requirements. All the prescribed steps in the applicable procedure may therefore be completed, even if there has been non-compliance with other procedural requirements, such as the timetabling standards.

Issue: 7334 / Categories: Case law , Law digest , Employment
printer mail-details

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll