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(p. 672) 17. Procedural Fairness and Remedies 

(p. 672) 17. Procedural Fairness and Remedies
(p. 672) 17. Procedural Fairness and Remedies

David Cabrelli

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date: 11 December 2019

This chapter first examines the various conceptions of procedural fairness. It then underscores the diversity and adaptability of the standards of procedural fairness, drawing out the extent to which procedural safeguards have been weakened by the Employment Act 2008. It charts the approach of the tribunals and courts to the standards of procedural fairness in light of the basic building blocks of a fair and proper procedure laid down in the Advisory, Conciliation, and Arbitration Service (ACAS) Code of Practice 1 on Disciplinary and Grievance Procedures. Analysis of the stages of a procedurally fair process demonstrates the somewhat paradoxical nature of the applicable standards: they are expressed to be entrenched and immutable, but, nevertheless, diverse and adaptable at the same time.

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