Unreasonable delay has been examined in the Court of Appeal in terms of whether or not this creates a failure in the Statutory Dismissal Procedure.
Previous case law ruled that because the rules stated that steps should be taken within a reasonable period, any unreasonable delay on the part of the employer and progressing matter would result in a Tribunal finding that the procedures had not been complied with.
The Court of Appeal has now overturned this by ruling that even where there has been a significant delay it is open to an employer to remedy things by continuing the procedure.
Therefore, this offers hope to those employers who find themselves in a situation where they feel it is too late to comply with the Statutory Procedure. It would appear that it is never too late and an employer may do a significant amount to reduce any financial losses by completing part of the Statutory Procedure prior to any case brought by an employee getting to Tribunal.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
