Acting Promptly When Following Statutory Dismissal and Disciplinary Procedures

Employers should ensure that when following the statutory dismissal and disciplinary procedures, they do so without unreasonable delay. Failure of an employer to act promptly may render a dismissal automatically unfair.

In Wilmot, Wilmot and Patel v Selvarajan UKEAT/0427/06, the employees, who were receptionists at a GP clinic, were summarily dismissed by their employer for gross misconduct relating to false holiday and overtime pay claims. Although the employees lodged an appeal against their dismissal, four months passed before an appeal hearing was held by the employer.

The Employment Appeal Tribunal followed the existing line of authority in this area holding that the four-month delay was unreasonable and that the employees had been automatically unfairly dismissed due to the employer's failure to follow and complete the statutory dismissal and disciplinary procedures in a timely manner.

Please note that the statutory dismissal and disciplinary procedures will be repealed on 6 April 2009.