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Fair dismissal despite employer not following appeal panel decision
In a case which may turn on its facts but is really quite interesting nonetheless, Kisoka v Ratnpinyotip (t/a Rydevale Day Nursery) is an EAT decision which held that a decision to dismiss for gross misconduct was fair even though on appeal the independent appeal panel overturned the employer’s decision to dismiss.
The points of significance were that the Tribunal found that the employer’s investigation had been reasonable and there were no terms of engagement between the employer and the panel which indicated that the employer would follow the appeal panel decision. The EAT and the Tribunal both took into account the fact that this was a small employer which was not required to do more than it had or indeed even to refer the appeal to an independent panel. Consequently the EAT held that the Tribunal was entitled to find that the dismissal was fair given the terms of the Employment Rights Act requiring Tribunals to consider all circumstances.
This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.
For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222
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