The EAT has clarified that an employer is only required to set out the basis for the allegation when inviting an employee to attend a disciplinary hearing. An employer is not obliged to provide all the evidence to the employee in advance of the meeting provided that the employee knows the nature of the allegation made against her. In this case, the EAT overturned the finding that the dismissal was automatically unfair simply because some evidence was given to the employee during the disciplinary hearing. (Ingram v Bristol Street Parts)
Employers should, of course, remember that although a failure to provide an employee with all the evidence of the allegations against him prior to a disciplinary dismissal hearing may not constitute an automatically unfair dismissal for breach of the statutory procedures, such action could give rise to an ordinary unfair dismissal claim under the established principles of fairness.