The case of Milrine v DHL Services Ltddealt with how an otherwise fair dismissal can be turned into an unfair one if the employer fails to offer an appeal, or conducts a poorly managed appeal process. The case is a reminder for HR of the importance of ensuring that employees are offered the right to appeal against disciplinary decisions, and that appeals processes are conducted robustly.
This guide sets out the differences between the law on discipline and grievances in Northern Ireland compared with Great Britain (England, Wales and Scotland).
In Ogden v Booker Ltd, an employment tribunal held that the employee's dismissal for gross misconduct was unfair due to procedural flaws and a toxic workplace culture that lacked managerial enforcement of dignity at work standards.
In Groom v Maritime and Coastguard Agency, the Employment Appeal Tribunal (EAT) held that a volunteer coastal rescue officer was a worker when he attended activities that had the promise of remuneration.
We look at four recent employment tribunal decisions where the unfair dismissal claim was successful because of procedural mistakes made by the employer during the disciplinary process.