Fri, 23 January 2015
What happens when an employee is successful with their appealIn this episode of the Podcast I give you a summary of a recent Employment Appeal Tribunal case within which the issue of reinstatement of an employee following a successful appeal against dismissal was discussed. In this case the employee Mrs Salmon was dismissed for gross misconduct by her employer Castlebeck Care Limited. Mrs Salmon appealed against her dismissal and between her dismissal and her appeal taking place her former colleagues transferred under the TUPE regulations to employment with Danshell Healthcare Limited. Although Mrs Salmon's appeal was apparently successful and the decision deemed 'unsafe' by Danshell's HR Director (who had transferred from Castlebeck Care) her employment was not reinstated and so she made a claim for unfair dismissal. At the Employment Tribunal Mrs Salmon's claim for unfair dismissal was not allowed to continue against Danshell Healthcare as she was not an employee of Castlebeck immediately before the transfer to Danshell, which is a requirement of TUPE. Mrs Salmon appealed against the decision and the Employment Appeal Tribunal considered whether her successful appeal against dismissal meant she had been reinstated and therefore was effectively an employee throughout. Particularly you will learn….
HR Best Practice TipThe HR tip of the week follows the recruitment theme, giving guidance on how to answer a request for feedback from an unsuccessful candidate. Podcast referencesSalmon v (1) Castlebeck Care (Teesdale) Ltd (In Administration) (2) Danshell Healthcare Ltd and others |