unfair dismissal – procedurally unfair but what if it might have been fair

Many employment judges regard the frequently made distinction between procedural and substantive unfairness as artificial and there is judicial authority to support that view. Now that the ill-fated Employment Act 2002 (Dispute Resolution) Regulations 2004 (which imposed mandatory procedures) have been scrapped, the hoops which an employer needs to get through to avoid a finding…

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