Procedure, procedure, procedure!

2019-04-05 Jennifer Renney-Butland posted:

Procedure, procedure, procedure!

The employment appeals tribunal was recently asked to consider whether the dismissal of Mr Radia by his employer (an FCA-regulated financial services company) was unfair. The reason for the employee’s dismissal was that he had given evidence at an employment tribunal (in relation to other claims against the company) which resulted in the Judge dismissing his claims because he found Mr Radia’s evidence to be “not credible”. The judgment also revealed that the Employment Judge also found Mr Radia’s answers to be “evasive”.

Mr Radia was called to a disciplinary hearing by his employer and subsequently dismissed. However despite his conduct, Mr Radia’s claim for unfair dismissal succeeded because his employer had not notified him of his right of appeal against the dismissal, which is a procedural requirement which might have made a difference to the final outcome.

This case demonstrates the importance for employers to follow the correct procedures, even where there are substantial grounds to dismiss.

If you need guidance on correct dismissal procedures get in touch with us by giving us a call on 01225632240 to speak to one of our experienced solicitors. You can also email us at info@renneyandco.com with any questions.

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