Where dismissal without following disciplinary procedure was not unfair

The Employment Appeals Tribunal has upheld an employment tribunal's decision that a dismissal by an employer for "some other substantial reason" that was made without following any disciplinary procedure was not unfair.

In a rare, and fact specific, decision, the EAT ruled that where following disciplinary procedures could reasonably be considered to be futile, the employer need not implement them. In this matter the tribunal had found not only that a procedure would not have served any useful purpose, but it would have worsened the situation. The evidence was that the claimant recognised the breakdown in relations herself and had no interest in repairing it. In these circumstances, the tribunal's finding could stand.

A failure to follow any disciplinary procedure normally means that the dismissal is outside the band of reasonable responses.

Gallacher v Abellio Scotrail Ltd [2020] 2 WLUK 691