Brightman LJ discussed the effect on time requirements of an employee’s appeal against the employers decision to dismiss him: ‘The matter came before the Employment Appeal Tribunal with commendable expedition on 4.10.78. Judgment was reserved until 6 October when the appeal was allowed. It is sufficient for my purpose to read one paragraph from the judgment which summarises the reasoning of the Tribunal. I read from page 8 of the transcript, between lines D and E. ”In our view, when a Notice of immediate dismissal is given, the dismissal takes immediate effect. The provisions of this contract as to the appeal procedure continue to apply. If an appeal is entered, then the dismissed employee is to be treated as being ‘suspended’ without pay during the termination of his appeal, in the sense that if the appeal is successful then he is reinstated and he will receive full back-pay for the period of the suspension. If the appeal is not successful and it is decided that the original decision of instant dismissal was right and is affirmed, then the dismissal takes effect on the original date. In our view, that is the date on which the termination takes effect for the purposes of the Act.”
Judges:
Brightman LJ
Citations:
[1980] IRLR 109, [1981] ICR 1
Jurisdiction:
England and Wales
Cited by:
Approved – West Midlands Co-operative Society v Tipton HL 1986
All information available to an employer at the date of the termination of the employment relationship is relevant when considering the fairness of dismissal, and also any information becoming available during the course of, for example, an internal . .
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 . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 07 May 2022; Ref: scu.280276