The employee had been dismissed. He began a claim for unfair dismissal, but also appealed within his employers’ procedure, accepting a demotion. The tribunal then found that he had not been dismissed.
Held: There had been no dismissal. Had he not been re-instated, his dismissal would have ben unfair, but the appeal decision did not amount to a re-engagement after a dismissal, but rather operated within the original contract. If he had withdrawn his appeal the employer would not have been free to determine it. In pursuing his appeal, the employee risked that if he was re-instated, he would lose his claim for unfair dismissal.
Judges:
Mummery, Arden LJJ, Cage J
Citations:
Times 25-Jun-2004, [2004] EWCA Civ 900, [2004] IRLR 788, [2005] ICR 254,
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – Roberts v West Coast Trains Ltd EAT 24-Jul-2003
EAT Unfair Dismissal – Reason for dismissal
EAT Unfair Dismissal – Reason for dismissal including substantial other reason. . .
Cited by:
Cited – Prakash v Wolverhampton City Council EAT 1-Sep-2006
EAT The Claimant was employed on a fixed term contract. During the terms of the contract he was dismissed for misconduct and made an application to the Employment Tribunal (ET) claiming unfair dismissal. He . .
Cited – Bournemouth University Higher Education Corp v Buckland EAT 8-May-2009
EAT UNFAIR DISMISSAL: Constructive dismissal
Whether fundamental breach of implied term of trust and confidence cured, so that the Claimant’s resignation did not amount to constructive dismissal.
Considered – Piper v Maidstone and Tunbridge Wells NHS Trust EAT 18-Dec-2012
EAT Unfair Dismissal : Dismissal or Ambiguous Resignation – Whether sanction short of dismissal on internal appeal expunged earlier dismissal. Employment Tribunal held: yes. On analysis, the contractual provision . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 11 June 2022; Ref: scu.198391
