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.
Practical guidance on dismissals in the context of a TUPE transfer, including who has liability for dismissals; economic, technical and organisational reasons for dismissal; and information and consultation.
The Employment Appeal Tribunal upheld an employment tribunal decision that a requirement for older employees to accept less generous terms and conditions of employment, as a condition of their employment continuing, could be justified.
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