Patel v Folkestone Nursing Home Ltd

Employment – Termination of employment. It was clearly implicit in a term in an employment contract conferring a contractual right to appeal against disciplinary action taking the form of dismissal that, if an appeal was lodged, pursued to its conclusion and was successful, the effect was that both employer and employee were bound to treat the employment relationship as having remained in existence throughout. Accordingly, the Court of Appeal, Civil Division, dismissed the appellant employee's appeal, as the Employment Appeal Tribunal had correctly held that the employee should be treated as not having been dismissed.

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