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WO toolkit 2012 complete.pdf - GMB

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SECTION 5.32<br />

Even if your employer has followed the statutory DDP,an employment tribunal may still find that your<br />

dismissal has been unfair,for example dismissal may not have been reasonable in all the circumstances.<br />

It is important that you attend any meetings arranged by your employer under the DDP and appeal is<br />

you are not happy with the result.If either you or your employer has failed to <strong>complete</strong> the DDP the<br />

amount of compensation awarded can be increased or decreased depending on who is responsible for<br />

the failure.<br />

The dismissal and disciplinary procedures do not apply in a constructive dismissal situation(i.e.where<br />

you resign because your employer has fundamentally breached your contract).In such a case you<br />

should follow the statutory grievance procedure and lodge a grievance before bringing a claim.<br />

The statutory dismissal and disciplinary procedures are a minimum requirement–<strong>GMB</strong> aims to<br />

negotiate disciplinary and dismissal procedures which build on and improve on this minimum so<br />

check your employers’handbook and for any collective agreements.<br />

REMEMBER: there may be more than one person affected by this issue.<br />

Consider calling a meeting to advise,recruit and organise.

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