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Chapter 10
Effect of appeal on further disciplinary action
[ch 10: page 71]Where an employee appeals against disciplinary action less than dismissal such as a warning, and the appeal has not yet been heard, that disciplinary action should be disregarded in any separate disciplinary action concerning other complaints. This is because the sanction under appeal may be overturned if the appeal is successful. For example:
An employee, Ms Anthony, had a Final Warning, which she intended to appeal against. However, before the appeal was heard, she was disciplined again. Because of the outstanding Final Warning, her employer dismissed her. The EAT ruled that the failure to take account of her impending appeal made the dismissal unfair.
Tower Hamlets Health Authority v Anthony [1989] IRLR 394