The Employment Appeal Tribunal has set out a list of factors for an Employment Tribunal to consider when deciding upon the size of uplift to a compensation award for the employer's failure to follow a proper disciplinary procedure.
In Lawless -v- Print Plus, the EAT stated that, when deciding on the uplift to compensation where an employer does not follow a fair disciplinary procedure, an Employment Tribunal should take into account: whether procedures were completely ignored or implemented in part; whether procedural omissions were deliberate or accidental; whether circumstances exist which may mitigate the failure to follow the procedure; whether the employer did what could be expected of it bearing in mind its size and the resources available to it.
Employers should not, however, become complacent in relation to their procedures, hoping they will fall the right side of these factors because they are a small undertaking or inexperienced in resolving internal disputes. They would be well advised to adhere to internal procedures in order to mitigate the risks of any uplift in compensation awarded.
