LRD guides and handbook September 2015

Disciplinary and grievance procedures - a practical guide for trade union reps

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Chapter 2

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).



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