In this week's feature-length podcast, we are joined by special guests Nicky Stibbs and Max Winthrop to discuss some common areas of concern around the termination of employment.
In Biggin Hill Airport Ltd v Derwich EAT/0043/15, the EAT remitted an unfair dismissal case for consideration of whether or not an internal appeal had cured all or any of the defects earlier in the disciplinary proceedings.
In Adeshina v St George's University Hospitals NHS Foundation Trust  IRLR 704 EAT, the EAT held that flaws in disciplinary proceedings leading to a dismissal were remedied by the appeal process, and that the dismissal was fair.
The Employment Appeal Tribunal (EAT) has held that procedural defects in an employee's dismissal for allegedly bullying a colleague who "unfriended" her on Facebook could be cured during the appeal stage.
The Employment Appeal Tribunal (EAT) has held that a dismissal was fair despite flaws in the first stage of the disciplinary process and in the composition of an appeal panel.
In McMillan v Airedale NHS Foundation Trust  IRLR 803 CA, the Court of Appeal held that the NHS had no contractual right to increase a disciplinary sanction on a doctor's internal appeal against that sanction.
In Salmon v Castlebeck Care (Teesdale) Ltd (in administration) and another  IRLR 189 EAT, the EAT held that an employee who was dismissed for gross misconduct, but whose contractual appeal against dismissal was successful, did not need to be formally reinstated by her employer for her contract of employment to be resurrected so as to continue as if it had not been terminated.
A model letter inviting an employee to attend a disciplinary appeal hearing.
HR and legal information and guidance relating to appeals against disciplinary penalties.