Although the statutory dismissal procedure has only a very limited shelf life, the case of Zimmer Limited v Brezan illustrates the overly didactic requirements.
A failure to mention in the step one letter that one outcome of the disciplinary meeting could be dismissal led the Tribunal to find that the dismissal was unfair.
Therefore where an employer is inviting an employee to a disciplinary hearing to discuss allegations of gross misconduct, many employers include a phrase along the lines of “These allegations, if proven, could render you liable to summary dismissal. This means dismissal without notice or a payment in lieu.”
Employers should continue to use a statement to that effect even after the statutory procedures go to their early grave.