Consequences of an appeal

Effect of appeal on dismissal date

Lodging an internal appeal will not change the dismissal date or continue the employment.

If an internal appeal is successful, the employee will continue in employment and the dismissal decision will fall away as if it had never happened.

If (as rarely happens) an internal appeal does not result in the dismissal being reversed but instead results in a decision by the employer to change the termination date, for example, substituting dismissal with notice instead of summary dismissal, or agreeing to a later termination date, this can result in a change to the effective date of termination (Hawes & Curtis Limited v Arfan and Mirza [2012] UKEAT 0229/12/0106).

Employees should always pay close attention to tribunal time limits, take legal advice and never leave employment tribunal claims to the last minute. For further guidance, see the LRD’s Law at work 2012.