The Employment Appeal Tribunal has held that, where an employee is dismissed primarily because of a breakdown in trust and confidence rather than conduct, the employer's contractual disciplinary procedures will not apply.
In this case, the industrial tribunal in Northern Ireland ordered a care worker's former employer to pay her £9,500 for sex discrimination after it failed to provide her with a reference.
The Employment Appeal Tribunal has held that the employment tribunal was wrong to find that the absence of a system of moderating two sets of redundancy scores following a TUPE transfer rendered the selection process unfair.