Staff dismissal – a fair procedure is everything

Posted on March 1st, by editor in Caring Times. No Comments

A recent Employment Appeal Tribunal (EAT) decision in the case of Kelly-Madden v Manor Surgery (EAT 0105/6) has resolved the uncertainty of whether or not a decision to dismiss an employee can be ruled unfair. The case concerned Ms Kelly-Madden who was employed as the practice manager of Manor Surgery. She was dismissed for paying herself unauthorised overtime payments. The employer committed a number of errors in dealing with Ms Kelly-Madden’s dismissal, including failing to question key people about Ms Kelly-Madden’s assertions and, when she appealed against her dismissal, her appeal was conducted by the partner who had been involved in the original decision to dismiss her. Ms Kelly-Madden brought a claim for unfair dismissal on the grounds of the inadequacy of the dismissal procedure followed by the employer. The Employment Tribunal (ET) looked at the circumstances in which the decision to dismiss was made and found that it was substantially fair even though, overall, the procedure followed was not fai

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