In this month’s highlights, our team summarises the latest developments in UK employment law and their implications for employers. Catch up on January’s highlights here.

Unfair Dismissal: A Defective Internal Appeal Process Can Render a Fair Dismissal Unfair

In Milrine v DHL Services Limited, the Employment Appeal Tribunal (EAT) held that significant procedural defects in an employer's internal appeal process can render a fair dismissal unfair.

What led to the dispute, and why is the outcome significant for employers?

The appellant Mr Milrine was dismissed with notice for medical incapability on 3 June 2022 by the respondent DHL Services Limited.

Mr Milrine exercised his right to appeal the decision to dismiss him in accordance with DHL's internal appeals procedure. However, Mr Milrine abandoned the internal appeal process due to confusion arising from several procedural failings:

• The nominated appeal manager declined to hear the appeal and did not acknowledge or reply to Mr Milrine’s letter of appeal. He did not inform Mr Milrine of this decision, leaving him “in limbo”.
• A replacement manager was nominated to handle Mr Milrine’s appeal but did not attend the rescheduled hearing. Mr Milrine and his trade union representative attended DHL’s premises, only to find that the hearing was aborted.
• Afterwards, DHL’s HR business partner told Mr Milrine to choose which manager would hear the appeal and to propose dates. However, none of this was confirmed to Mr Milrine in...

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