The decision of the Employment Appeal Tribunal that there had been no dismissal when an employee had been told that the decision to dismiss him had been revoked following an appeal under the disciplinary procedure, has been backed by the Court of Appeal. The decision was made despite the appeal only addressing one of the two disciplinary allegations.
The leading judgement stated that after a succesful appeal the employment relationship should resume to its previous state meaning that the dismissal would be treated as having no effect. Therefore the employee could not bring a claim of unfair dismissal.
