In Adekeye v The Post Office (No.2) (15 February 1995) EOR61D, the EAT rules that an employee who is summarily dismissed cannot bring a complaint alleging discrimination in the conduct of an internal appeal against the dismissal.
An employee dismissed for allegedly stealing a loaf of bread was fairly dismissed, despite the fact that at his internal appeal hearing no further consideration was given to the question of whether dismissal was the appropriate penalty in his case, holds the EAT in British Bakeries Ltd v Howarth.
An employee whose internal appeal against dismissal was heard and decided by an improperly constituted appeals tribunal was unfairly dismissed, holds the EAT in Cabaj v Westminster City Council.
A dismissed employee's failure to pursue an internal appeal procedure after their dismissal cannot, as a matter of law, amount to a failure to mitigate their loss, holds the EAT in Lock v Connell Estate Agents.
In Adekeye v The Post Office (10 March 1993) EOR50C, the EAT holds that the outcome of an appeal against dismissal can constitute a freestanding ground for a complaint of race discrimination.
HR and legal information and guidance relating to appeals against disciplinary penalties.