Being successful in an appeal can be a big win for any employee. It’s a validation of their rights and a correction of what they thought was an unfair decision. This article, from expert insights from Darwin Gray’s solicitors, will look at what happens if you win your appeal against dismissal and the implications for the employee and employer.
Understanding the Appeal Process
The Importance of the Appeal Process
The Appeal Process is key to employment law. It allows employees to challenge their dismissal. It’s a review of the dismissal and any procedural errors or unfair decisions are fixed.
Grounds for Appeal
Employees can appeal their dismissal on several grounds, such as unfair dismissal, procedural errors, discrimination or new evidence that wasn’t considered at the initial decision.
The Appeal Hearing
At the appeal hearing an independent person or panel will review the case. This can involve re-examining the evidence, considering new information and ensuring the original dismissal was fair and reasonable.
Outcomes of a Successful Appeal
Reinstatement
One of the main outcomes if you win your appeal against dismissal, is reinstatement. Reinstatement means you are put back in your previous job as if the dismissal never happened. This includes your salary, benefits and continuity of service.
Practical Implications of Reinstatement
Back Pay: You may be entitled to back pay for the period between your dismissal and reinstatement.
Restoration of Benefits: Any benefits lost due to dismissal, such as health insurance or pension contributions, should be reinstated.
Impact on Career: Reinstatement can have a positive impact on your career, as it essentially nullifies the dismissal record.
Re-engagement
Another outcome is re-engagement. This means you are offered a different role within the company. The new role should be similar in status, salary and benefits to your previous role.
Practical Implications of Re-engagement
Alternative Role: The new role should align with your skills and experience.
Negotiations: You and your employer might need to negotiate the terms of the new role to ensure mutual satisfaction.
Compensation
In some cases, winning an appeal will result in compensation rather than reinstatement or re-engagement. Compensation is awarded when reinstatement or re-engagement isn’t possible, usually because the employment relationship has broken down.
Practical Implications of Compensation
Financial Settlement: You receive a financial settlement to cover lost earnings, benefits, and possibly additional damages for distress.
Future Employment: While compensation provides financial relief, it also means you will need to seek new employment.
FAQs: Common Questions About Winning an Appeal Against Dismissal
What happens if I win my appeal against dismissal?
If you win your appeal, you may be reinstated, re-engaged in a similar role or awarded compensation.
Will I receive back pay if I am reinstated?
Yes, if you’re reinstated, you’ll get back pay for the period between dismissal and reinstatement and restoration of lost benefits.
Can my employer refuse to reinstate me?
Employers must generally follow the outcome of the appeal. However, if reinstatement is impractical compensation may be awarded instead.
What if I don’t want to return to the same job?
If you don’t want to go back to the same job you may negotiate re-engagement in a different role or accept compensation.
How is compensation calculated?
Compensation is calculated on lost earnings, benefits and potential additional damages for distress. The amount will vary depending on the dismissal and the impact on the employee.
Moving Forward After Winning an Appeal
Professional Considerations
Winning an appeal against dismissal has professional implications. If you’re reinstated or re-engaged you need to approach your return to work with a positive attitude and rebuild professional relationships.
Personal Impact
The personal impact of winning an appeal can be big. It can restore your sense of justice and fairness, provide financial stability and allow you to continue your career path.
Employer’s Perspective
From the employer’s perspective a successful appeal is an opportunity to learn from their mistakes and ensure fair treatment of employees. Employers should address any procedural errors and prevent similar issues in the future.
Conclusion
Winning your appeal against dismissal is a significant achievement that can lead to various positive outcomes, including reinstatement, re-engagement, or compensation. Each outcome has its own set of practical implications, affecting your career, financial situation, and personal well-being. Understanding the potential outcomes and their impact can help you navigate the post-appeal period more effectively.