Failure to follow an agreed procedure
[ch 2: page 15]Where an employer fails to follow an agreed procedure, for example, failing to work through several stages of appeal, or treating an issue as “misconduct” as opposed to “capability”, a dismissal can be unfair (Stoker v Lancashire CC [1992] IRLR 75).
Sometimes procedural defects can be corrected on appeal (see Chapter 10: Appeals).