Appealing An Employer’s Decision - What’s The Worst That Can Happen?

The Court of Appeal of England and Wales has recently upheld an injunction preventing an employer from changing a final written warning issued to an employee to a dismissal on appeal.

Miss McMillan ('Miss M') was the subject of disciplinary proceedings commenced by her employer, Airedale Foundation Trust ('the Trust') based on an allegation that she had given inconsistent accounts about what had occurred at an adverse incident in June 2010.

In November 2011, an internal disciplinary panel upheld two complaints of misconduct against Miss M, resulting in her receiving a final written warning.

Unhappy with the outcome, Miss M decided to appeal the disciplinary panel's decision using the internal appeal procedure. The Trust's position was that the appeal panel would reconsider all the available evidence to determine an appropriate outcome. In effect, this provided for a 'fresh hearing'.