The EAT has this morning handed down a decision dealing with two matters relating the statutory dismissal procedure:
- when there is a concession by the employer that the dismissal is automatically unfair because of failure to comply with the procedure, there is no obligation for the tribunal to make findings on the substantive 'ordinary' unfair dismissal case.
- an uplift of 40% is appropriate where a large employer "blatantly failed to comply" with the obligation to send a step 1 letter. The test on appeal is one of perversity, which is a difficult hurdle to overcome.
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