Consultant editor Darren Newman looks at a recent decision highlighting the potential danger in proceeding with a disciplinary hearing where the employee's chosen companion is not available - even where the requested postponement falls outside the period allowed for under the statutory right to be accompanied.
In Talon Engineering Ltd v Smith, the Employment Appeal Tribunal (EAT) held that an employer's refusal to postpone a disciplinary hearing for two weeks to allow the employee's union official to accompany her made her dismissal unfair.
In Patel v Folkestone Nursing Home Ltd, the Court of Appeal held that the effect of a contractual right of appeal against dismissal is that a successful appeal revives the contract and extinguishes the original dismissal.
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