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21-03-2014

Is it fair to uphold the dismissal of an employee, even though an independent panel appointed by the employer decides that he should not be dismissed? Apparently it is.

The Employment Appeal Tribunal has found that an employer who had dismissed an employee for gross misconduct was not required to follow the decision of an independent panel, who had heard the employee's appeal and overturned the employer's decision to dismiss.

The employer's investigation had been reasonable, there were no terms that said the employer would implement the decision of the panel, nor that the panel would make the final decision. 
(Kisoka v Ratnpinyotip (t/a Rydevale Day Nursery) UKEAT/0311/13.)

Sarah Rushton (srushton@moonbeever.com)

This is intended for general information only and should not be considered as giving advice in relation to any individual case nor be taken as applying to any particular case. No liability is accepted for any such use of the information.

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