In the recent case of Gwynedd Council v Barratt and another, the Court of Appeal has decided that the absence of an opportunity to appeal a dismissal on the grounds of redundancy was not necessarily unfair.
In this particular case, two teachers were dismissed from a community secondary school on the grounds of redundancy and were denied an opportunity to Appeal. It is likely that this will largely be limited to redundancy cases, but the Court of Appeal held that it would be wrong to find that a dismissal on the grounds of redundancy was unfair ONLY because of the failure to provide an employee with an Appeal Hearing. The absence of an Appeal is just one of many factors to be considered in determining fairness. For more information contact Mark Edmondson on 01638 560556.