Upholding an Appeal and Demoting an Employee

Posted in : How do I handle it NI on 21 July 2015
Lindsay Gibson
Issues covered:

One of our employees was dismissed for a recurrence of misconduct and he appealed the decision. I have decided to uphold the employee’s appeal against the decision to dismiss him, and want to demote the employee instead. How do I handle it?

Lindsay Gibson writes:

(A) Is there a Contractual Right to Demote?

Generally speaking, when a decision is made to uphold an employee’s appeal and reinstate the employee, the employee’s dismissal will “vanish”. The employee will be treated as having been suspended for the period between their dismissal taking effect and the decision to reinstate them. The employee’s continuity of employment will not have been broken and will continue.

In respect of the

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This article is correct at 21/07/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Lindsay Gibson

The main content of this article was provided by Lindsay Gibson . Contact telephone number is 028 9055 3300 or email Lindsay.gibson@tughans.com

View all articles by Lindsay Gibson