The Reverend Piper (RP) was an employee of the trust where he worked as a chaplain. He was dismissed for gross misconduct but, on appeal, the sanction was reduced to a final warning, demotion and a transfer to a different hospital.
RP wrote to the Trust rejecting its offer of re-engagement because of the 'severe financial and psychological penalties' he felt it would impose on him. He brought a claim for unfair dismissal which the Trust defended on the basis that there was no dismissal.
The tribunal found for the Trust. No dismissal meant no unfair dismissal claim. But the Employment Appeal Tribunal took a different view. The Trust's internal appeal procedure required an employee's consent to a lesser penalty. As RP had not agreed to his dismissal being replaced by the warning, demotion and transfer, his dismissal stood and his unfair dismissal claim could now proceed.
RP wrote to the Trust rejecting its offer of re-engagement because of the 'severe financial and psychological penalties' he felt it would impose on him. He brought a claim for unfair dismissal which the Trust defended on the basis that there was no dismissal.
The tribunal found for the Trust. No dismissal meant no unfair dismissal claim. But the Employment Appeal Tribunal took a different view. The Trust's internal appeal procedure required an employee's consent to a lesser penalty. As RP had not agreed to his dismissal being replaced by the warning, demotion and transfer, his dismissal stood and his unfair dismissal claim could now proceed.
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