EAT Transfer of Undertakings – Unfair Dismissal – The Claimant was dismissed prior to the transfer of the undertaking in which she worked. An appeal against that Decision was held by the Transferee. The outcome of the appeal was that it was successful. The Employment Tribunal held that the decision taken on the appeal hearing could not be effective as such unless and until there was (a) a decision to reinstate the employee, as well as to allow the appeal and (b) this had been communicated to the employee, but that neither had occurred.
Held: There was no need for an express decision as to reinstatement to be taken; nor was communication relevant for the purposes of giving effect to the revival of a contract of employment following a successful appeal against an earlier dismissal.
Observations made about the desirability of Notices of Appeal being more concise and better focussed.
Langstaff P J
[2014] UKEAT 0304 – 14 – 1012, [2015] ICR 735
Bailii
England and Wales
Cited by:
Cited – Folkestone Nursing Home Ltd v Patel EAT 1-Jun-2016
EAT Unfair Dismissal: Dismissal/Ambiguous Resignation – The Claimant was dismissed for gross misconduct; but on appeal pursuant to a contractual disciplinary and appeal procedure the decision was revoked. The . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 01 November 2021; Ref: scu.541965
