Overview

Although the repeal of the statutory disciplinary procedures relaxed the statutory requirements on employers, the need to hold appeals expeditiously has in fact become even more important because tribunals have new discretion to increase compensation by up to 25% where an employer has failed to comply with procedure.

Despite this many employers are being caught out by failing to hold appeals quickly enough after dismissal and we have noted increasing numbers of tribunal claims against public authorities which have included allegations of unreasonable delay in completing the dismissal process. These allegations include the investigation process taking too long, and too much time elapsing between the dismissal and appeal hearings.

This article looks at the legal position and what public sector organisations can do to encourage efficiency and minimise the risks of financial penalties and public scrutiny.

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