Article

A nice try, but common sense prevails!

The case of Scott-Davies v Redgate Medical Service emphasises an important issue. A number of people, particularly employees, have wrongly concluded that simply by virtue of a failure to follow the statutory disciplinary and dismissal procedures (the “SDDPs”), any dismissal will be found to be automatically unfair, even where the employee concerned has less than 1 year’s service. This is, in fact, a misconception. In normal circumstances, employees still need 1 year’s service in order to bring an unfair dismissal claim, even if the employer fails to follow the SDDPs. Mr Scott-Davies sought to submit an Employment Tribunal claim, alleging that the failure on the part of his former employers to follow the SDDPs alone entitled him to some form of compensation. Mr Scott-Davies’ Employment Tribunal claim was initially rejected, on the basis that his application merely contained a freestanding complaint concerning his employer’s failure to follow the SDDPs. Mr Scott- Davies appealed to the Employment Appeal Tribunal.

In his decision, and whilst respectful of the manner in which Mr Scott-Davies had handled his case, the EAT Judge McMullen QC found in favour of the Redgate Medical Service. He concluded that the failure to comply with the SDDPs only became a matter for consideration by the Employment Tribunal in circumstances where the employee otherwise had the right to bring an unfair dismissal claim. This means that the employee must have 1 year’s service or his dismissal must fall into one of the exceptional categories, where a year’s service is not required. We have experience of employees, with very short service, seeking to argue that by reason of the employer’s failure to follow the SDDPs, they have an unfair dismissal claim. Even (ahem) their solicitors may try this on, to see if an employer takes the bait. Now you have the authority for kicking such attempts into touch!

For further enquiries please contact Nick Hobden (view full profile) on 01892 701326 or email nick.hobden@ts-p.co.uk.

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