Dismissal Not Unfair

Failure to follow the Acas Code of Practice on Disciplinary and Grievance Procedures (the Acas Code) will usually increase the risk of a dismissal being found to be procedurally unfair and can result in increased compensation being payable to a dismissed employee.

However, in Buzolli v Food Partners Ltd, the EAT has upheld an Employment Tribunal's decision that a dismissal was fair despite some procedural defects which meant that the Acas Code was not followed to the letter.

Mr Buzolli worked for Food Partners Ltd as a driver. In March 2010 he was given a final written warning for failure to attend work due to being under the influence of alcohol. The company's disciplinary policy stated that this would remain on his file for 12 months. In September 2010 Mr Buzolli crashed his company vehicle, causing over £6,000 worth of damage. Following and investigation and disciplinary hearing, he was dismissed.