ET

[katecross]

Just wonder how the ET would view a respondant that has outdated policies that arent shared and agreed by employees? Would lack of effective policies contribute to unfair dismissal? Also, how would ET view employer that doesnt abide by company policy? Hope this makes sense!

[elche]

Hi Kc

 

Sorry to hear about the dismissal.

 

The post is written in general terms, so I'll try and give you a 'general' answer.

 

For an employer to fairly dismiss an employee, (who is eligible to bring a unfair dismissal claim), generally speaking the dismissal must be for a fair reason (the substantive part) and the employer must also have followed a fair process, the procedural part.

 

"Even where an employer has established that the reason for dismissal is potentially fair, the dismissal may be found to have been unfair where the employer has failed to follow a fair procedure. Employers must follow the Acas Code of Practice on Disciplinary and Grievance procedures"

 

http://www.acas.org.uk/index.aspx?articleid=2174

 

If the employer's 'policies' you refer to had contractual force and were not followed there could also be an 'underlying' breach of contract that could lead to an employee having certain claims related to said breach.

 

Sometimes procedural unfair dismissal claims can leave an employee with a reduced award though - google Polkey Deduction

 

A bit more information may help. Is a claim being considered by the dismissed employee?

 

Che

 

Even if you

[lbruk]

What do you mean by outdated policies?

[papasmurf1cx]

I agree more info would be handy...