Recognised UK dismissal procedure.. is it a must

ubdai

A simple question hopefully. Do UK companies have to follow the standard procedure for dismissal set out below. This has been pulled off of a UK legal website, so hopefully they know what they are talking about. Or can they (my ex company) ignore it and simply do their own routine. (call you in on a last thing Fri meeting and dismiss there and then)

I need to know as I am currently trying to get a COT3 signed that gives me the option of saying I resigned when applying for future jobs.
Done by them reinstating me and I then resigning.


cheers
ubdai



Standard procedure

Employers must set out in writing the reasons why dismissal or disciplinary actions against the employee are being considered. A copy of this must be sent to the employee who must be invited to attend a meeting to discuss the matter, with the right to be accompanied

A meeting must take place giving the employee the opportunity to put forward their case. The employer must make a decision and offer the employee the right to appeal against it.

If an employee appeals, you must invite them to a meeting to arrive at a final decision

LittleVoice

ubdai wrote: »

A simple question hopefully. Do UK companies have to follow the standard procedure for dismissal set out below. This has been pulled off of a UK legal website, so hopefully they know what they are talking about. Or can they (my ex company) ignore it and simply do their own routine. (call you in on a last thing Fri meeting and dismiss there and then)




















I need to know as I am currently trying to get a COT3 signed that gives me the option of saying I resigned when applying for future jobs.
Done by them reinstating me and I then resigning.


cheers
ubdai
















































Standard procedure

Employers must set out in writing the reasons why dismissal or disciplinary actions against the employee are being considered. A copy of this must be sent to the employee who must be invited to attend a meeting to discuss the matter, with the right to be accompanied

A meeting must take place giving the employee the opportunity to put forward their case. The employer must make a decision and offer the employee the right to appeal against it.

If an employee appeals, you must invite them to a meeting to arrive at a final decision

I assume you are referring to the Long Partnership website. If so, they aren't lawyers (as far as I know).

Did you read the entire item? A statutory dismissal procedure which had to be followed in order for a dismissal to be fair was abolished some years ago and what you quote is the Long Partnership interpretation of the ACAS code which, if an organisation does not follow it, can be taken into account by an ET to reduce an award.

ACAS themselves tend to use "should" rather than "must".

ohreally

Do UK companies have to follow the standard procedure for dismissal set out below.

No they don't.