Search

How can we help?

Icon

Unusual circumstances allow a dismissal with no procedure

In Gallacher v Abellio Scotrail, the Employment Appeal Tribunal (EAT) held that, in rare circumstances, an employee can be fairly dismissed without any procedure, including the absence of an appeal.

The Claimant was dismissed at an appraisal meeting having not been subject to any formal procedure or forewarning. She was also not given the right to appeal.

Usually, not having any process, will render a dismissal unfair.  However, in this case, the EAT agreed with the Tribunal, that there can be rare circumstances where dispensing with a procedure could be considered within the band of reasonable responses that an Employer may take. A dominating factor in this instance was that, on the facts, there had been critical and irreparable deterioration of the working relationship between the Claimant and her line manager and there was evidence to suggest that, not only would the procedure have served no useful purpose, but, if anything, it would have actually worsened the situation.

Jacob Montague

Senior Solicitor

View profile

+44 118 960 4613

The Claimant was dismissed at an appraisal meeting having not been subject to any formal procedure or forewarning. She was also not given the right to appeal.

Cases like this will be extremely rare and any employer seeking to dispense of a procedure entirely would be wise to take legal advice before hand as this will rarely be acceptable even where relationships have broken down. However, it does illustrate that Tribunals will consider all material factors relevant to the dismissal when determining fairness.

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Jacob Montague

Senior Solicitor

View profile

+44 118 960 4613

About this article

Read, listen and watch our latest insights

art
  • 04 July 2025
  • Employment

Update: The ‘Employment Rights Bill Implementation Roadmap’

The Employment Rights Bill is a draft law which is poised to expand the rights of employees, signifying a major overhaul in employment law. The ERB has already been passed by the House of Commons and is currently at the ‘Report Stage’ in the House of Lords.

Pub
  • 03 July 2025
  • Corporate and M&A

Get your tech business market ready for sale

In our latest podcast, join Stuart Mullins and Nicky Goringe Larkin to learn how to maximise your tech business value and get your tech business market ready for sale.

art
  • 03 July 2025
  • Immigration

Major Changes to the Immigration Rules from 1 July 2025: What Employers and Visa Holders Need to Know

We outline the key updates, how they affect employers and visa holders—particularly those on the Skilled Worker and Global Business Mobility (GBM) routes—and how our team can assist you in staying compliant and ahead of policy changes.

art
  • 02 July 2025
  • Employment

Day One Rights: What the New UK Employment Bill Means for You and Your Workplace

Let’s unpack what’s changing in the UK Employments Rights Bill, and why it matters, and what both employees and employers should expect.

art
  • 01 July 2025
  • Privacy and Data Protection

Data protection compliance: tricky issues for employers

This article highlights key issues organisations may face when processing personal data and stresses the importance of a proactive approach. It also outlines tailored training packages to support compliance and build internal expertise.

art
  • 26 June 2025
  • Employment

A shift in EHRC guidance on single sex spaces in the workplace

In a recent significant shift, the Equality and Human Rights Commission (“the EHRC”) has quietly amended its guidance on single sex spaces in the workplace.