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Statutory Dismissal Procedures

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The EAT has decided two interesting points on the statutory dismissal procedure - one on liability, one on quantum - in Aptuit Ltd v Kennedy.

First, it held that the statutory dismissal process does not require notification of the right to appeal to be given in writing. Verbal communication is sufficient (see paras. 35 and 44).

Second, it overturned an uplift of 40% which the tribunal had assessed because (a) it was a large employer; (b) there had been a general lack of consultation; and, (c) the Claimant had been treated in a 'shoddy' manner. The EAT stated that these were all irrelevant factors; in calculating the uplift, tribunals should only have regard to the failure to follow the statutory procedure (para. 47). This second point is likely to prove controversial, as there is nothing in the wording of the statute prohibiting tribunals from having regard to the surrounding circumstances.