EAT on 7th August 2006, reported at [2007] ICR 370
NOTES
Masterfoods v Wilson EAT on 7th August 2006, reported at [2007] ICR 370.
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Authority for the propositions that:-
- [in layman's language] an internal disciplinary procedure requiring grounds to be submitted in writing within a set period of time and failure to do so means the employee cannot appeal, is a breach of the statutory dismissal and disciplinary procedures and makes the dismissal automatically unfair
- there is no ambiguity in the Employment Act 2000 Schedule 2 regulation 3(1), that is, if an employee wishes to appeal he must inform the employer and the employer must invite him to attend a further meeting. There is no prescription about the form in which the wish to appeal should be registered. It need not be in writing nor need it set out grounds. All that is required is that the information be passed to the employer.
- as suspension without pay constitutes "relevant disciplinary action" under the Employment Act 2002(Dispute Resolution) Regulations 2004 it is subject to the statutory disputes procedure hence failure to follow the regime carries the consequences in ERA 1996 s98A and is an automatic unfair dismissal.
For relevant general notes see Procedure of Employment Tribunals /a general introductory note and Disciplinary procedures /unfair procedures and their consequences and Suspension of employee /general
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