Kisoka v Ratnpinyotip (T/A Rydevale Day Nursery): EAT 11 Dec 2013

EAT Unfair Dismissal : Reasonableness of Dismissal – The Appellant contended that the EAT should lay down general guidance to the effect that an appeal panel decision must be followed by an employer in the absence of exceptional circumstances. He also contended that, if the Respondent was entitled not to follow the decision of the appeal panel in this case, he had not had an effective appeal hearing.
Held, the EAT would not place a gloss on the statutory test of reasonableness in s.98(4) of the Employment Rights Act 1996. The Appellant had not been denied an effective appeal hearing. The Employment Tribunal was entitled to reach that conclusion and the conclusion overall that the Appellant’s dismissal had been reasonable. There was no error of law in that conclusion.

Singh J
[2013] UKEAT 0311 – 13 – 1112
England and Wales


Updated: 01 December 2021; Ref: scu.522368