Tuesday 25 May 2010

Statutory Dispute Resolution Uplifts

[Thanks to James Medhurst of Employment Law Advocates for providing this case summary]

The EAT (Underhill P) has handed down its decision in Lawless v Print Plus, which is authority for the proposition that, in choosing the size of the uplift for a failure to follow a proper disciplinary procedure, the relevant factors to be considered by a tribunal include:

(a) whether the procedures were ignored altogether or applied to
some extent

(b) whether the failure to comply with the procedures was deliberate
or inadvertent

(c) whether there are circumstances which may mitigate the
blameworthiness of the failure

The size and resources of the employer are also, in principle, capable of being relevant.

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