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Do the statutory dismissal and disciplinary procedures (DDP) apply?

April 26, 2017DDP disciplinary dismissal procedures statutory

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Do the statutory dismissal and disciplinary procedures (DDP) apply?

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Generally if an employer is seeking to dismiss an employee, DDP applies. If the employer fails to adhere to the DDP then the dismissal can be automatically unfair and an uplift in compensation can be awarded if unfair dismissal is shown. However, the DDP does not apply to a dismissal when: • It results from taking part in unofficial industrial action • The action is official but was not lawfully organised • The action is protected (any dismissal would be automatically unfair).