From News

Effect of disciplinary process re dismissal - Patel v Folkestone Nursing Home Ltd [CA] 17.07.18 (Unreported)

Where a contract of employment provided for a disciplinary process and a right of appeal against dismissal, it was implicit that a successful appeal would, without more, revive the employment relationship and extinguish the dismissal. Thus, an employee who exercised contractual right of appeal took the risk that if they were reinstated, any proposed or pending unfair dismissal claim would be defeated.
Category: Employment » Constructive dismissal; Disciplinary procedures; Dismissal. Area(s) of law: Employment; Private Client.
Source: [2018] EWCA Civ 1689.

View original article