The EAT decided, in the case of Apuit (Edinburgh) Ltd v Kennedy EAT/0057/06, that it is not a requirement of the statutory dismissal and disciplinary procedures for the employer to notify an employee of the right of appeal in writing. Verbal notification is sufficient.

Impact on employers

Employers should note, however, that it would be best practice to notify the employee of their right to appeal in writing so as to avoid arguments or even claims over this issue. They should also ensure that they comply with their own procedures, which may specify the type of notice to be given.

Compensation uplift

The EAT also decided in this case that when considering a compensation uplift the tribunal should only have regard to the failure to follow the statutory procedures and not "irrelevant" factors such as the fact that there was no consultation or that the employer was a large organisation.

This is a surprising decision, as under the legislation there is no limit on the circumstances that can be taken into account by tribunals in considering an uplift. They have a discretion to impose an uplift of whatever they consider just and equitable in all the circumstances, within the range of 10-50% of the award.