Do employers have to abide by the decisions of an independent panel during a disciplinary process?
In the case of Kisoka v Ratnpinyotip (t/a Rydevale Day Nursery) [UKEAT/0311/13], the Employment Appeal Tribunal (EAT) has held that an employee had been fairly dismissed, despite the fact that the employer failed to implement the decision of an independent appeal panel (which had allowed her internal appeal).
Miss Kisoka worked for Rydevale as a nursery practitioner but was dismissed for gross misconduct following allegations that she had started a fire in the nursery. The evidence against her included CCTV recordings and the fact that she was unable to provide a clear explanation of her movements on the day of the fire…
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