Employee fairly dismissed despite procedural deficiencies and non-compliance with Acas Code

  • Liz Jackson

Employee fairly dismissed despite procedural deficiencies and non-compliance with Acas Code

The EAT has upheld a tribunal’s decision that an employee’s dismissal was fair in circumstances where there were serious procedural failings at the first stage of the process. The EAT found that the tribunal had given adequate regard to the nature and extent of the flaws and upheld its conclusion that the flaws had been remedied on appeal.

The EAT also upheld the tribunal’s finding that the composition of the appeal panel did not render the dismissal unfair, where not all members of the panel met the standards set out in the Acas Code. (Adeshina v St George’s University Hospitals NHS Foundation Trust and others UKEAT/0293/14.)