Employee must unequivocally withdraw appeal to prevent automatic reinstatement if appeal succeeds (Marangakis v Iceland Foods Ltd)

Table of contents

• What are the practical implications of this case?
• What is the background?
• Relevant law
• Background facts
• Decision of the employment tribunal
• What did the EAT decide?
• Court details

Article summary

Employment analysis: A successful appeal against a dismissal will automatically result in reinstatement back into employment unless the employee objectively and unequivocally withdraws their appeal against dismissal prior to the appeal being decided. This remains the case even in circumstances where the employee expressly says to the appeal decision maker that they do not want to return to work. That is because there may be other reasons why they might well wish to pursue and succeed in the appeal, eg to establish that they had not committed gross misconduct, to make it easier to find a new job or to obtain back pay, even if they then resign thereafter, according to the Employment Appeal Tribunal (EAT).