Effect of internal appeals on the EDT
[ch 3: pages 21-22]If there is an appeal hearing and the dismissal is confirmed, the EDT remains the date of the original dismissal. The EDT will remain the date of the original dismissal even if, as a result of the appeal, the employer changes the outcome from summary dismissal to dismissal with a payment in lieu of notice — whether or not the employer has the contractual right to make a payment in lieu of notice (Rabess v London Fire and Emergency Planning Authority [2014] UKEAT/0029/14/JOJ).
Only if, as a result of the appeal, the employer changes the final outcome from a summary dismissal to dismissal with notice and requires the employee to work out that notice (whether or not at home), paying their wages during the notice period, will the EDT change (Hawes & Curtis Limited v Arfan and Mirza [2012] UKEAT 0229/12/0106).
To avoid any unnecessary risk, members should always assume that where their dismissal is upheld on appeal, the EDT remains the original dismissal date, and calculate their time limit for any claim accordingly.
If a dismissal is overturned and the employee is reinstated, the dismissal vanishes for all purposes and continuity is preserved (Roberts v West Coast Trains [2004] EWCA Civ. 900).