Despite the Statutory Dismissal Procedure (SDP) being repealed in April 2009 for dismissals where the dismissal procedure had not commenced before 6 April 2009, another case about whether the procedure has been breached has just been handed down by the EAT.

The EAT upheld a Tribunal’s decision that a failure to provide the employee with two statements about her alleged wrongdoing before the step 2 disciplinary meeting was a breach of step 2 of the SDP. It was not, however, a breach of Step 1 of the SDP as the information that need be given at Step 1 need not be especially detailed.

This case emphasises the importance of making sure the employee has copies of relevant evidence to be relied upon at a disciplinary hearing in advance of such a meeting.