mobile-navigation

0207 118 0950 | info@reculversolicitors.co.uk
Employment Solicitors & Lawyers in London. 'Excellent' on:

Dismissal Appeals. Informing the Employee

30 January 2015: Employers who dismiss an employee should give them the right to appeal that decision. Failure to do so may give rise to an unfair dismissal claim. What if the employer upholds the decision but fails to inform the employee?

 

In Salmon v Castlebeck Care, in the EAT this month, Mrs Salmon was dismissed for gross misconduct prior to a TUPE transfer. Afterwards, the new HR Director decided the dismissal was unsafe, but did not tell Mrs Salmon. Instead she was advised to negotiate a settlement (although this never happened). What communication of the decision was necessary in order to revive the employment contract?

 

The EAT held that once an appeal against dismissal under a contractual appeal procedure has been upheld, the contract is automatically revived. There is no need for a separate reinstatement decision or communication of that decision.

 

Please note that this is different to the situation in which the employer dismisses someone. In that case communication of the decision is necessary for the dismissal to be effective.  If in any doubt, take legal advice.   Call today on 0207 118 0950 or email info@reculversolicitors.co.uk. www.reculversolicitors.co.uk

Funding information

wallet

Is funding representation an issue?

Learn more about funding options


Ask a question

pen

If you have a question and cannot find the answer, put your question through our qualified solicitors

Ask a question


phonebig

0207 118 0950

 

Call me back

    Full Name:

    Company:

    Telephone/mobile:

    Email:

    captcha


    Copyright - Reculver Solicitors
    Reculver Solicitors Ltd (Company No. 6910066)
    1st Floor, 330 High Holborn, London, WC1V 7QT.
    Tel: 0207 118 0950
    Fax: 0207 477 2276
    Email: info@reculversolicitors.co.uk
    Regulated & authorised by the
    Solicitors Regulation Authority
    SRA No.565284
    Website design by Foundry Digital