In the case of Mrs J A Fitzgerald – v – The Governors of Birdwell Primary School the EAT upheld the employee’s claim for unfair dismissal as the employer had failed to comply with the Statutory Disciplinary and Dismissal Procedure. 

The EAT identified that whilst the employer had invited the employee to attend a Step 1 meeting, they had failed to consider alternatives to dismissal and were criticised by the Tribunal for their lack of consultation prior to deciding to dismiss the employee. 

Therefore when consulting with employees over potential dismissals, make sure that consultation is meaningful and give proper consideration to any proposals or alternatives suggested by employees to avoid the dismissals.