No. In Patel -v- Folkstone Nursing Home LTD Mr Patel successfully appealed Folkstone Nursing Home Ltd’s decision to dismiss him for gross misconduct. On appeal, the Court of Appeal went on to state that as the decision to dismiss no longer stood Mr Patel’s contract of employment was re-instated and he could not therefore pursue an unfair dismissal claim.
The facts of the case were that Mr Patel was dismissed for gross misconduct and was advised of the same in written form. Within this letter he was also provided with the right to appeal the decision to dismiss him which he did. On appeal the decision to dismiss Mr Patel was over-turned.
Mr Patel received a further letter from Folkstone Nursing Home Ltd stating that his appeal was successful. However, Mr Patel felt that this letter did not address some issues he had raised relating to the dismissal and did not address his return to work. Due to the lack of information contained in this letter Mr Patel decided not to return to work.
Mr Patel filed a claim for unfair dismissal. The Employment Tribunal (ET) on review of the claim found that Mr Patel had been unfairly dismissed and although he had appealed the decision to dismiss him successfully there was no clause within his contract which could enable his contract of employment to be re-instated and the decision to dismiss withdrawn.
Folkstone Nursing Home LTD appealed the ET’s decision and was successful. The Court of Appeal held that Mr Patel was unable to pursue a claim for unfair dismissal as at the time of submitting his claim he was still employed. Following Mr Patel’s successful appeal regarding the decision to dismiss it was held that Mr Patel’s contract was re-instated.