Unfair dismissal cases, disciplinary procedures, recruitment methods and management style

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Abstract
Summarises some findings from recent empirical research into the factors influencing the incidence of claims of unfair dismissal to industrial tribunals. Using a paired comparison case study method it focuses, primarily, on small businesses and small establishments, seeking to explore significant variations. These include the presence or absence of written disciplinary procedures, their mode of operation, content and meaning, and management style and consistency. Qualitative insights include the prevalence of informal first approaches to perceived employee shortcomings and the influence of overall employee assessment in selective disciplinary action. Contrary to earlier research in small businesses it finds little principled management opposition or resentment to the introduction of written disciplinary procedures, with managers highlighting the assistance they give to them when taking disciplinary action.

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