Cartwright v Kings College London - When does time that could be taken to remedy procedural deficiencies start [2012] EAT

There is no rule that an employment tribunal is obliged to assume that an employer could only even start to remedy procedural deficiencies on or after the date of dismissal. It may be that the employer could have remedied the problems within the time it allowed for such procedures as it followed - each case will be fact specific.

Kings College London (KCL) employed Mr Cartwright as a Teaching Fellow in the Department of Physiotherapy at the School of Biomedical and Health Sciences. In 2007 lack of student interest caused the course he taught to be cancelled, potentially making his role redundant, a fact he recognised. In July/August 2007 two meetings were held with Mr Cartwright, the outcome of which - as confirmed to him in writing - was (i) that, failing-re deployment, his employment would end and (ii) that voluntary severance would be considered. Discussions continued and he was reminded twice in writing that failing re deployment his employment would cease. Eventually his employment was terminated on 31 January 2008 and he received an enhanced redundancy payment.

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