Can you imagine the anguish? You’ve been sacked, unfairly in your view. You’re then advised the dismissal has been overturned on appeal. Hurray.
But when the written confirmation comes through it turns out the appeal panel’s decision has been overturned, and sacked you remain.
I will refrain from passing comment whilst we await the tribunal’s decision. The situation may well be more nuanced – they normally are. But I will give a few words of advice to employers:
1. Have a clear policy with a clear appeal procedure. I have not seen South Tyneside Council’s policy. Perhaps they adhered to it completely. I would suggest that in most instances small businesses can keep their procedure simple. If it says that the employee can appeal to X, then allow X to consider the appeal and stick by the decision.
2. It often pays to be decisive. Certainly think before you act, but in matters affecting an employee’s future, sometimes the uncertainty is the most difficult part to deal with.
Law for the online generation starts here.
Coun Flynn phoned both men to share the good news and told them to expect a letter finalising their re-appointment, the hearing heard. But when the letter arrived, on September 9, it informed the men the council had rejected the appeal’s panel decision – and the two of them had effectively been sacked for a second time.