Effect of appeal on dismissal date


Lodging an internal appeal will 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). 


Employees should always pay close attention to tribunal time limits, take legal advice and never leave tribunal claims to the last minute. For more information, see LRD’s annual employment law guide Law at Work.