Kisoka v Rung Ratnpinyotip t/a Rydevale Day Nursery: employee’s dismissal was reasonable despite app
Employment solicitor, Nathalie Stewart, discusses the case of Kisoka v Rung Ratnpinyotip t/a Rydevale Day Nursery and what it means for employers.
She appealed. The employer, as sometimes often happens, delegated that appeal to an independent appeal panel. That panel came to the conclusion that there was not enough evidence to conclude Kisoka was responsible.
Ultimately it is still an employer’s decision to dismiss and reinstate. In this case the employer decided that the independent appeal panel’s decision was unsatisfactory.
The employer felt that there was still a sound basis to conclude Kisoka was the person responsible. This included failing to account for her movements, changing her story during the appeal process and being generally evasive.
Kisoka brought unfair dismissal proceedings. At the first stage Tribunal hearing the employer won. There were still reasonable grounds for them to believe Kisoka responsible and their concerns about the appeal panel’s decision were not irrational. Kisoka appealed to the EAT (Employment Appeal Tribunal) but lost again.
The EAT stated that the ultimate question was whether, taking the disciplinary and appeal as a whole, there had been a fair result under general principles of equity and the circumstances of the case. In this case there had.
What this means for you
It would be unwise to view this case as meaning that an employer can ignore any appeal outcome it does not like the look of.
What it does tell us is this. In circumstances where there are good reasons, objectively considered, to decide that the outcome of an appeal is not the right one when the whole issue is considered ‘in the round’ then the appeal outcome can be disregarded.
The same could of course apply to an appeal outcome not in the employee’s favour.
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