Salmon v Castlebeck Care (Teesdale) Ltd (in administration) and another

Employment – Dismissal. The employee was dismissed prior to the transfer of the undertaking in which she worked. That decision was appealed successfully by the transferee. The employment tribunal held that the decision taken on the appeal hearing could not be effective until there was (a) a decision to reinstate the employee, as well as to allow the appeal and (b) it had been communicated to the employee, but that neither had occurred. The Employment Appeal Tribunal held that there was no need for an express decision as to reinstatement to be taken, nor was communication relevant for giving effect to the revival of a contract of employment following a successful appeal against an earlier dismissal.

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