Fitness Solutions Scotland Ltd v Park UKEATS 0032/09/BI

1. Statutory dismissal procedure.  Tribunal erred in finding that there had been a failure to follow the procedure where they had considered only whether or not it had been followed prior to the date of the employers’ decision to dismiss.  They should have considered whether or not it had been followed in the course of the procedures that were followed by the employers after that date and before the claimant was actually dismissed since those procedures were capable of remedying the earlier deficiency.

2. Tribunal also failed to have proper regard to apparent anomaly between date of “dismissal” meeting and termination date in circumstances where an agreement was reached between parties involving payment of money to claimant.

3. Interpretation of paragraph 13(1) of Schedule 2 to the Employment Act 2002.

The full text of the judgment can be downloaded using the link below

Published: 25/01/2010 18:33

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