In Masterfoods (a division of Mars UK Ltd) v Wilson EAT/0202/06, the Employment Appeal Tribunal holds that where, in breach of contractual procedure, an employee had failed to provide grounds for his appeal, and been refused a hearing as a result, the employer had failed to comply with the statutory dismissal and dismissal procedure.
In Taylor v OCS Group Ltd  IRLR 613 CA, the Court of Appeal holds that defects in the conduct of a disciplinary hearing are capable of being "cured" in an internal appeal even if it does not amount to a full rehearing of the issue. In addition, a deaf employee not given the opportunity to have an interpreter at his disciplinary hearing was not treated less favourably for a reason related to his disability.
In Pudney v Network Rail Infrastructure Ltd EAT/0707/05, the Employment Appeal Tribunal holds that a dismissal is unfair if it is made on the basis of information or evidence that is not disclosed to the employee or upon which the employee is not given the opportunity to comment.
This week's case round-up from Eversheds, covering internal appeals: reviews and rehearings.
In Arriva North West & Wales v Colebourn, the EAT holds that the employment tribunal erred in excluding additional evidence that was adduced at a second internal appeal on the grounds that it could be taken into account only if there was a complete re-hearing.
In Adekeye v The Post Office (No.2) (13 November 1996) EOR71B, the Court of Appeal rules that the Race Relations Act 1976 does not cover discrimination against those who are no longer employed at the time of the act complained of.
HR and legal information and guidance relating to appeals against disciplinary penalties.