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Contracts of employment: Implied right to appeal against disciplinary action

This report relates to 1 case(s)

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    Hailstones v Staffordshire County Council 7 July 1997 CA (0 other reports)

In Hailstones v Staffordshire County Council 7.7.97 Court of Appeal, the Court of Appeal holds that it was an implied term of an employee's contract that he had a right to appeal against the imposition of a disciplinary sanction - in this case a transfer to a different workplace - as an alternative to dismissal, in view of the fact that the contract contained express rights of appeal against a decision to dismiss and against warnings imposed in accordance with the disciplinary procedure. The Court rejects the employer's submission that, in agreeing to the transfer instead of dismissal, the employee had in effect entered into a binding settlement which displaced the rights he would otherwise have had in relation to appeal.