Posted by Gemma Ospedale, Partner
Procedural deficiencies rectified on appeal can be fair.
In Adeshina v St Georges University Hospitals NHS Foundation Trust and Others, the EAT has upheld an Employment Tribunal decision that the dismissal of the Claimant was fair where there were serious procedural failings at the first stage of the process which were rectified on appeal. The Tribunal was found to have paid sufficient attention to the nature and extent of the flaws and had been correct to conclude that these had been remedied by the appeal process. The EAT also upheld the Tribunal in finding that the fact that some members of the appeal panel did not meet the standards set out in the ACAS Code did not render the dismissal unfair.