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Legal Updates

Dismissal fair despite employer`s failure to follow independent panel`s decision on appeal

21 February 2014 #Employment

The EAT has found that an employer who had dismissed an employee for gross misconduct was not required to follow the decision of an independent panel, who had heard the employee`s appeal and which overturned the employer`s decision to dismiss.

The fact that the employer did not implement the panel`s decision did not render the dismissal unfair.

Importantly, the tribunal had found that the employer`s investigation had been reasonable and that there were no terms of engagement between the employer and the panel which made it clear that the employer would implement the decision of the panel, nor that the panel would make the final decision.

Both the tribunal and EAT took into account that the employer was small and was not required to do more than it had or to refer the appeal to an independent panel in the first place. (Kisoka v Ratnpinyotip (t/a Rydevale Day Nursery) UKEAT/0311/13.)

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