Sahatciu v DPP Restaurants Ltd - Disciplinary procedure [2007] EAT

Mr Sahatciu, a restaurant manager, deliberately encouraged a non-EU member of staff to work over the statutory limit despite specific instructions to the contrary from his line manager. Following a disciplinary hearing conducted by the same manager, he was summarily dismissed for gross misconduct. He claimed, unsuccessfully, that the dismissal was automatically unfair for the purposes of s.98A(1) ERA 1996 because she had not complied with steps 1 and 2 of the statutory Dismissal and Disciplinary procedure.

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