LIST OF CASES / Selvarajan v Wilmot & ors CA 2008

[2008] EWCA Civ 862, Court of Appeal on 23rd July 2008, reported at [2008] ICR 1236 (also at [2008] IRLR 824)

NOTES

Selvarajan v Wilmot & Ors [2008] EWCA Civ 862 Court of Appeal on 23rd July 2008, reported at [2008] ICR 1236 and at [2008] IRLR 824

the full text of this judgment is available free of charge on the BAILII website

Representation:-

Ms Joanne Woodward instructed by Messrs Davies Arnold Cooper for Dr Selvarajan

Mr Peter Oldham instructed by UNISON Legal Services for Ms Wilmot and others

Authority for the proposition that:-

unreasonable delay in completing a statutory disciplinary/dismissal procedure cannot be said to be a failure to complete the procedure and so does not make a resulting dismissal automatically unfair.

Editor's note: this case overrules a line of EAT authority which includes the EAT version of this case itself and also Khan v. Home Office, EAT on 17th November 2006; Patel v Leicester City Council, EAT on 20th December 2006; Sovereign Business Integration PLC v. Trybus EAT on 15th June 2007 and Yorkshire Housing Ltd v Swanson EAT 2008 IRLR 607.

For relevant general notes see Dispute resolution/2004 new regulations

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prepared July 2008