The Employment Appeal Tribunal (EAT) decided that not warning a worker that an invitation to a step 1 meeting would possibly end in dismissal was automatically unfair.
'Human resources' at the company had attached a copy of the firm's disciplinary policy to the email inviting the worker to the meeting, but failed to mention that the meeting would discuss an allegation of gross misconduct or possible dismissal over his expenses claims.
The EAT considered it was important to know whether the employee was aware that he was in danger of being dismissed. The EAT decided that here the employee was not aware that he would be dismissed.
Judge Burke decided to read the Act purposively in that even though it did not stipulate that a worker should be informed in writing that a dismissal was being contemplated, that was in fact intended by the law, and needed to be done by an employer.
Although the compulsory dispute resolution process under the 2002 Employment Rights Act is due to be annulled in April 2009 (but not for cases arising prior to that date) employers will be expected to follow the ACAS guidance with regard to fairness in disciplinary procedures.
The ruling in this case can be found
Here