Case law: 'dismissal letter' guidance under statutory grievance procedure

Employers should ensure that reasons for dismissal given in dismissal letters to employees are sufficiently clear and detailed, to avoid the risk of an unfair dismissal claim.

The Employment Appeal Tribunal (EAT) recently considered a case where an employee, who was aware of the company's zero-tolerance policy on drinking and driving, was dismissed after he was found in a company van about to drive after drinking alcohol.

In its dismissal letter, for the purpose of Step 1 of the statutory grievance procedure, the company simply set out the conduct complained of, in particular in relation to the breach of the rule, referring to 'conduct which fails to reasonably ensure Health and Safety of oneself and others'. The employee claimed that he had been unfairly dismissed, because the reasons for his dismissal had not been set out sufficiently clearly in the letter.

The EAT found that the letter complied with Step 1 of the procedure and, if the words of what was put forward as a Step 1 letter were ambiguous or the Tribunal was doubtful whether they were sufficient, the Tribunal was entitled to look at the whole context, including whether the employee knew what the allegations against him were, in deciding whether there had been compliance with Step 1.

Nevertheless, employers should describe accurately the reasons for dismissal, to show clearly that they are complying with the procedural requirements and that they have acted fairly.

Immediate

Read the full text of the judgment on the British and Irish Legal Information Institute website www.bailii.org/uk/cases/UKEAT/2006/0174_06_0509.html