Successful appeal against dismissal automatically revives contract

In Salmon v Castlebeck Care (Teesdale) Limited and others the EAT has held that where an employee successfully appeals against the employer’s decision to dismiss under a contractual appeal procedure, this automatically revives the Contract of Employment without the employer needing to make a specific decision to reinstate the employee, even if the employer has not communicated the outcome of the appeal to the employee.

One to note in the rare instances where an appeal against dismissal is successful.

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.