Before putting his feet up for the summer, Ian Smith goes above & beyond the call of duty
- What constitutes a reasonable appeal?
- Misconduct, conduct or culpability?
- When can a pay protection scheme be relied on in an equal pay claim?
What constitutes a reasonable appeal procedure in an unfair dismissal case? Does an employee dismissed for misconduct have to have behaved ‘culpably’? When can a pay protection scheme be relied on as a defence to an equal pay claim? What is the meaning of life? Why are we all here? The answers to all these questions (except the last two) are contained in this month’s brief.
What constitutes a reasonable appeal?
The significance of an appeal system in a disciplinary procedure is well established. The decision of Simler P in Elmore v Governors of Darland High School UKEAT/0209/16 emphasises that whether an appeal was fairly conducted is a matter of fact for the tribunal, which may apply a test of whether the procedure was fair overall , in spite of detailed criticisms that a claimant may raise. It
