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Lund v St Edmund's School, Canterbury - ACAS Code of Practice appliesto SOSR dismissals [2013] EAT

ACAS Code of Practice on Disciplinary and Grievance Procedures applies to SOSR dismissals

Mr Lund, a teacher in graphics and design, was dismissed for issues concerning the School's (his employer) computer system (some other substantial reason). He brought claims of unfair dismissal, wrongful dismissal and a redundancy payment. He won his claims of wrongful and unfair dismissal but was found to have contributed to his own dismissal by 65% and his award was reduced accordingly. The ET decided that his dismissal had been both procedurally and substantively unfair. Procedurally, because Mr Lund had had no warning of the dismissal meeting and no time to prepare. Substantively, because no one had attempted to deal with his concerns about the computer system before. Even though the school had not complied with the Acas Code of Practice, his award was not increased under s. 207 TULR(C)A because the ET ruled that the Code of Practice did not apply to dismissals for SOSR. The ET awarded Mr Lund a sum for pension loss but calculated the loss according to the loss of employer contributions for one year. Mr Lund appealed.

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