In Biggin Hill Airport Ltd v Derwich, the EAT held that the process adopted by an employer at an appeal hearing arguably remedied deficiencies in the procedure that was followed leading up to an employee’s dismissal. The EAT confirmed that a key question, when judging whether a dismissal is reasonable, is whether the disciplinary process is fair as a whole, i.e. the dismissal and the appeal procedure combined. In this case the employer had addressed previous shortcomings in the disciplinary procedure by ensuring that by the time of the appeal, the employee was fully able to understand the case against her and responded effectively. Makbool Javaid, Partner and Head of Employment Law, looks at the procedural deficiencies in this case and how the employer addressed them at the appeal. He also explains the three practical implications that arise from this case and how employers should deal with them in disciplinary and appeal situations.
This article appeared in the CIPD People Management Online Magazine on 11 August 2015
Link for CIPD members
Link for non-CIPD members: Biggin Hill Airport Ltd v Derwich