The statutory minimum disciplinary requirements do not apply where:
- factors beyond either party's control make it impracticable to carry out or complete these procedures in the foreseeable future - for example, if one of the parties is now living abroad;
- contracts of employment are changed, and all employees on the same terms have been dismissed, and then been offered re-engagement (for example, on different terms) before their notice has expired. This might give rise to an action for unfair dismissal, but failure to invoke the new statutory minimum procedures would not, in this case, make matters worse;
- there are collective redundancies (similar but different procedures have to be invoked in such a case);
- someone has been dismissed for unofficial industrial action;
- someone has been unfairly dismissed for official ('protected') industrial action within 8 weeks (this is automatically unfair in any event);
- the business has suddenly ceased (for example, if the boss of a small business suddenly becomes ill or dies, and there is no one left to carry on);
- someone has been dismissed for working illegally (for example, an illegal immigrant, or someone without qualifications required by law);
- either party has reasonable grounds for fearing violence, harassment, or damage to property or to a third person; or
- someone has been dismissed and issued a complaint to an Employment Tribunal before the employer had complied with step one of the 'modified' procedure (see questions 6 and 7); or
- the dismissal is by reason of retirement, and the alternative procedure whereby the employer notifies the employee that they are entitled to request to continue working, has been complied with.
These exceptions are likely to apply only in very rare cases. Wherever possible the standard procedure should be followed rather than relying on exceptions.
