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 email@example.com. www.reculversolicitors.co.uk