In today’s post we will examine the reasons why an employee should appeal if they believe that they’ve been unfairly sacked from their job. There are few drawbacks to appealing against your dismissal and quite a few benefits – both in a practical and a legal sense.
There are a number of reasons why an employee should appeal against their dismissal from their employment. This includes:
- You may be able to get your job back if your appeal is upheld
- Appealing your dismissal may strengthen a potential Employment Tribunal claim for unfair dismissal
- Failing to appeal against your dismissal means that you risk having any compensation awarded reduced
You may be able to get your job back if your appeal is upheld
This is the first and the obvious practical point – if you appeal against your dismissal then you could receive your job back if your appeal is upheld. Successful appeals against a dismissal are rare in my experience but they do occur. Further, if you do appeal against your dismissal and your employer does offer you your job back then there is no obligation for you to agree to be reinstated to your job.
Appealing your dismissal may strengthen a potential Employment Tribunal claim for unfair dismissal
A failure to appeal against your dismissal may – although it will not usually – prejudice your chances of success in an employment tribunal.
Failing to appeal against your dismissal means that you risk having any compensation awarded reduced
This is the main risk from the point of view of an employment tribunal – a failure to appeal against your dismissal could result – in a worst case scenario – in a reduction of 25% to the compensatory award if the Employment Judge believes that you have unreasonably failed to appeal against your dismissal. If you’ve failed to appeal against your dismissal then you must demonstrate on the balance of probabilities to the Employment Judge at the Employment Tribunal that your failure to do so was reasonable in the circumstances otherwise you risk a a potentially substantial reduction to any compensation that you are awarded.
Overall, appealing against your dismissal (even if you think it is a futile gesture) is both practically and legally a sensible thing to do – the benefits far outweigh the costs.