When A Flawed Appeal Process Makes A Dismissal Unfair

It is well established that the right of appeal against dismissal is an important part of a fair dismissal process. But appeals must be treated by employers as more than a tick-box exercise. Tribunals assess the fairness of a dismissal by considering the process as a whole, including any internal appeal. Serious failings at the appeal stage may lead to a finding that a dismissal was unfair, as an Employment Appeal Tribunal decision reminds us.

Milrine v DHL Services Ltd

In this case, the claimant, an HGV driver, had been off sick for more than two years before being dismissed on the grounds of medical incapability. He appealed against his dismissal, but the appeal was never heard.

The manager originally nominated to hear the appeal refused to do so because he believed the matter should stay within the claimant’s division. A replacement manager then failed to attend the rearranged hearing, leaving the claimant and his union representative waiting on site.