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.
The Employment Appeal Tribunal (EAT) has held that where an internal appeal is successful, the contract of employment is automatically revived with retrospective effect.
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