Contractual Appeal Processes

November 4th, 2022 by James Goudie KC

An employment contract contains an express term conferring a contractual right for the employee to appeal against disciplinary action by the employer including dismissal. If the appeal is successful the dismissal is treated as of no effect. There has been a vanishing dismissal. Both employer and employee are contractually bound to treat the dismissal as having no effect and the employment relationship as having remained in existence throughout. The employee cannot claim that there has been an unfair dismissal and does not have an option whether to return to work or not.

However, as explained in MARANGAKIS V ICELAND FOODS (2022) EAT 161 this all applies only when not only is an appeal lodged but also there is the further participation by the employee that it is pursued to its conclusion and not withdrawn before the conclusion of the appeal.

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