A To B Travel Ltd v Kennedy

EMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS At the Tribunal On 11 October 2006 Before

Employer had followed statutory procedure in full as regards the decision to dismiss but had implemented a suspension without pay prior to 'step 1' � Tribunal held that this made the dismissal automatically unfair under s.98A � Held that that was wrong: s.98A only applies if the procedure has not been completed in relation to the dismissal itself.

It is common ground that condition (a) is satisfied here and that the dismissal and disciplinary procedures prescribed in Part 1 of Schedule 2 to the 2002 Act apply. We need not set these procedures out in full, but, as is well-known, they provide for three steps - first, a statement of grounds for action, which must be a written statement, and an invitation to a meeting; secondly, a disciplinary meeting; and thirdly, an appeal if required by the employee.