Issue 19 - 23rd October 2006

Monday 23 October 2006

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S98A(2) ERA – Reversal of Polkey

Kelly-Madden v Manor Surgery Appeal No. UKEAT/0105/06/DM

Section 98A(2) Employment Rights Act (“ERA”), which provides that if the statutory dismissal procedures have been followed, then the failure to follow “a procedure” will not make a dismissal unfair if the dismissal would have taken place in any event, refers to any procedure and is not limited to contractual procedures. In so deciding the EAT follows the wide construction of “procedure” in Alexander & Hatherley v Bridgen Enterprises UKEAT/0107/06 rather than the much narrower interpretation in Mason v The Governing Body of Ward End Primary School UKEAT/043305. more info

Grievance and disciplinary procedures

Lambeth v CorlettUKEAT/0396/06/DA

A claim for wrongful dismissal, that is breach of contract in failure to pay notice on summary dismissal, is part of a complaint of dismissal and therefore the statutory dismissal procedures apply and not the grievance procedures. Further, as with a claim for unfair dismissal, the extension of time for bringing the claim applies if the dismissal procedure was still being followed (ie an appeal) when the normal time limit expires. more info

Admissibility of evidence

Brunel v Vaseghi UKEAT/0307/06

Where an employer had allegedly victimised employees by referring to “unwarranted demands for money” with respect to previous negotiations to settle a dispute, and then admitted evidence of those negotiations in the consideration of the employees’ subsequent grievance, it could not claim privilege with respect to other parts of those same negotiations in the later Employment Tribunal proceedings. more info

Claim forms

Hamling v Coxlease School LtdUKEAT/0181/06/LA

Although the name and address of the Claimant was required information under Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 regulation 1(4), in the circumstances, given that the Claimant had provided a name and address for her representative, there was no omission of relevant information, and the failure to provide the information was not material. more info

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