Wednesday 11 February 2009

Statutory Dismissal Procedure

The EAT has held, in Zimmer v Brezan, that a step 1 dismissal letter must state that the employer is contemplating dismissal. If it does not, then any resulting dismissal will be automatically unfair.

HHJ Burke held that even though the words of the statutory dismissal procedure did not expressly require the employer to state, in writing, that it was contemplating dismissing the employee, it was desirable to construe the statutory procedure purposively so as to include such a requirement.

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