A small employer dismissed an employee for gross misconduct. The employee appealed so the employer engaged an independent panel to hear the employee’s appeal. The panel overturned the employer’s decision to dismiss but the employer did not implement the panel’s decision. Where does that leave the employer in an unfair dismissal claim?

The ET found that it was a fair dismissal.  The EAT did not interfere with the Tribunal’s decision in Kisoka v Ratnpinyotip t/a Rydevale Day Nursery.  The EAT held that the tribunal was entitled to find that the decision to dismiss was fair given the ERA required tribunals to consider all the circumstances. In this case, the Tribunal found that the employer’s investigation had been reasonable and that there were no terms of engagement between the employer and the panel that stated that the employer would implement the decision of the panel or that the panel would make the final decision.

Both the Tribunal and the EAT took into account the fact that the employer was small and not required to do more or indeed to refer the appeal to an independent panel.