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dismissed for gross misconduct; but on appeal pursuant to a contractual disciplinary and appeal procedure the decision was revoked.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 Employment Judge was not referred to Salmon v Castlebeck Care (Teesdale) Ltd [2015] ICR 735 EAT; she found that the dismissal was not revoked by the appeal. Applying the principles in Salmon, the Claimant’s dismissal was revoked and his employment re-instated. Appeal allowed.
David Richardson HHJ
[2016] UKEAT 0348 – 15 – 0106
Bailii
England and Wales
Citing:
Cited – Salmon v Castlebeck Care (Teesdale) Ltd and Others EAT 10-Dec-2014
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 . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 20 January 2022; Ref: scu.567890
