Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Case lawEmployee relationsEmployment lawDispute resolution

Case round-up: Guidance on complying with the statutory dispute resolution procedures

by Personnel Today 3 Oct 2006
by Personnel Today 3 Oct 2006

Guidance on complying with the statutory dispute resolution procedures

Draper v Mears Ltd, EAT, 5 September 2006

BACKGROUND Mr Draper used a company van, which he was allowed to drive to and from home, but otherwise not for personal purposes. Mears operated a ‘zero tolerance’ policy regarding consuming alcohol before driving a company vehicle.

One day, two managers found Draper sitting in a van smelling of alcohol. Draper behaved aggressively. During investigatory meetings, Draper admitted that he had drunk a pint of lager. A letter inviting him to a formal disciplinary meeting said that disciplinary action would be considered with regard, among other things, to his breach of the company’s vehicle regulations and procedures. Draper was dismissed.

His appeal was rejected and he brought a claim for unfair dismissal.

The tribunal found that the company’s belief with respect to Draper’s conduct was reasonable and was based on sufficient investigation. Summary dismissal was within the range of reasonable responses open to Mears. Mears had complied with the statutory dismissal and disciplinary procedure (DDP), so there was no question of the dismissal being unfair for that reason. Draper appealed.

DECISION Draper argued that the letter inviting him to a disciplinary meeting did not comply with step 1 of the DDP. The EAT found, however, that the letter set out the grounds on which Mears was contemplating dismissing him. Even if that had not been the case, the tribunal was entitled to look at the context as a whole and decide whether the letter provided enough information, taking into account Draper’s knowledge at the time he received it. The EAT dismissed the appeal.

COMMENT The EAT held that the approach to an employer’s compliance with the DDP should be similar to the EAT’s approach in relation to compliance by an employee with the statutory grievance procedures. Consequently, the statement provided to an employee in accordance with step 1 of the DDP need only set out a brief statement of the grounds that have led the employer to contemplate dismissal. Of course, giving as much information as possible is still regarded as best practice and will reduce the risk of challenge.

 

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

 

 

Personnel Today

Personnel Today articles are written by an expert team of award-winning journalists who have been covering HR and L&D for many years. Some of our content is attributed to "Personnel Today" for a number of reasons, including: when numerous authors are associated with writing or editing a piece; or when the author is unknown (particularly for older articles).

previous post
‘Rule of 85’ on last legs as judge rejects Unison bid for judicial review of local government retirement benefit
next post
Give carers a break

You may also like

Consultation launched after Supreme Court ‘sex’ ruling

20 May 2025

Minister defends Employment Rights Bill at Acas conference

16 May 2025

CBI chair Soames accuses ministers of not listening...

16 May 2025

EHRC bows to pressure and extends gender consultation

15 May 2025

‘Polygamous working’ is a minefield for HR

14 May 2025

Contract cleaner loses EAT race discrimination appeal

14 May 2025

Construction workers win compensation claim against defunct employer

9 May 2025

Zero-hours workers’ rights to be extended from beyond...

8 May 2025

Employment tribunal backlog up 23% in a year

7 May 2025

Ministers urged to outlaw misuse of NDAs

7 May 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+