Employer's question: the right to appeal a redundancy dismissal

14 Sep 2021

When making redundancies, do you have to offer the right to appeal?

Most employers will as a matter of course offer a redundant employee the right to appeal against their dismissal, however not all will, for a variety of reasons. 

In the recent case of Gwynedd Council v Barratt, the Council was closing down a secondary school and replacing it with a new primary and secondary community school. The teachers were put at risk and given the chance to apply for roles at the new school. The Claimants were PE teachers and they were not successful in their applications for the new roles and as a result made claims for unfair dismissal, which were successful, partly because they were not offered the right of appeal against their dismissals. 

Appeals by the Council to the Employment Appeals Tribunal (EAT) and Court of Appeal were unsuccessful. In its judgment the Court of Appeal looked at the issue of whether a failure to offer an appeal will automatically lead to a finding of unfair dismissal. The Court held that a failure to offer an appeal does not automatically render a dismissal unfair, however there were various factors in this particular case which did make the dismissals unfair – the failure to offer an appeal was just one of the factors, along with the failure to carry out meaningful consultation with the PE teachers. 

It is common practice, and best practice, to offer the right to appeal against a redundancy dismissal. If you are considering not doing so, tread carefully, particularly where you have an employee with over two years service who therefore has unfair dismissal protection. 

If you have a further enquiry relating to the issues highlighted above, please contact Greg Burgess by phone on 01293 558 547 or by email.

Further reading

DMH Stallard LLP acts for Chill Brands Group plc in completing its fundraisings

DMH Stallard was legal adviser to Chill Brands Group plc on the fundraisings and publication of the prospectus and liaised with the Financial Conduct Authority. The DMH Stallard team was led by Nick Williams and included Georgina Thomas, Amber Monaghan and Claire Baker.
Read more Read

Corporate Awards are ‘gr-eight’ for DMH Stallard

Blog, News & PR
The Corporate department at DMH Stallard has been shortlisted for an incredible eight different awards at the 2024 South East Dealmakers Awards
Read more Read

What does fair redundancy consultation mean?

Blog, Legal Updates
All employers will be familiar with the need to follow a fair process of consultation in relation to any redundancy dismissals. But what does that mean? A recent Employment Appeal Tribunal decision underlined the importance of one aspect of the process
Read more Read

Major Reforms to Companies House

Blog, Legal Updates
The Economic Crime and Corporate Transparency Act 2023 (the “Act”) has now received Royal Assent and become law. Its objective is to deliver a range of reforms to tackle economic crime and improve transparency over corporate entities.
Read more Read
  • Brighton - Jubilee St

    1 Jubilee Street


    East Sussex

    BN1 1GE

  • Brighton - Old Steine

    47 Old Steine


    East Sussex

    BN1 1NW

  • Gatwick

    Griffin House

    135 High Street


    West Sussex

    RH10 1DQ

  • Guildford

    Wonersh House

    The Guildway

    Old Portsmouth Road



    GU3 1LR

  • Hassocks

    32 Keymer Road


    West Sussex

    BN6 8AL

  • Horsham

    3rd Floor

    Afon Building

    Worthing Road


    West Sussex

    RH12 1TL

  • London

    6 New Street Square

    New Fetter Lane


    EC4A 3BF

  • Make an enquiry

    Make an enquiry


    Or head to our Contact us page