One of the fundamental principles of employment law is the requirement on an employer to act reasonably. When it comes to taking action against employees, whether this be in the form of warnings or dismissal, the procedures have been set down to help form a framework that would encourage a reasonable decision.
Any decision made by an employer is ultimately open to challenge. One issue for employers to be wary of is that there will be a claim that the real reason for taking the action was not for the reason given but for some other unfair or discriminatory reason. Where no procedure has been followed it becomes much harder for an employer to show the real reason for the decision taken. When a procedure has been followed it becomes much harder for the employee to claim that it was for some other reason, especially if they havent raised that within the procedure itself.
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