Burden of proof in dismissal cases

In a recent case (Venniri v Autodex) it was held tribunals are obliged to examine whether the statutory dismissal procedure has been followed.

The employee is not obliged to raise compliance as an issue.

In grievance procedures, however, tribunals are not obliged to consider whether a grievance has been lodged and waited 28 days to submit a claim.

The employer must raise this as a defence.

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