Misconduct dismissal: small employer goes against independent appeal panel's misconduct finding

Can a small employer that farms out the appeal stage of a disciplinary procedure to an independent third party later decide to go against the appeal panel's decision? That was the issue for the Employment Appeal Tribunal in Kisoka v Ratnpinyotip (t/a Rydevale Day Nursery), in which a nursery worker was dismissed for allegedly starting a fire in a nursery.