Effect of appeal on dismissal date
[ch 10: page 72]Lodging an internal appeal does not change the dismissal date or continue the employment.
Where an appeal is successful, the dismissal vanishes automatically and the contract revives, preserving employment continuity (Roberts v West Coast Trains [2004] IRLR 788).
Any tribunal claim must be launched within three months (less one day) of the dismissal date, even if the appeal process has not yet been completed. Tribunal dates should be approached as if they are set in stone, because extensions of time are rare. For more information see LRD’s annual employment law guide Law at Work (www.lrdpublications.org.uk/lawatwork).
The first step in any tribunal claim is to submit an Acas Early Conciliation Form, available from the Acas website (https://ec.acas.org.uk).