MoorcroftsMoorcroftsMoorcroftsMoorcrofts
Menu
  • Services
  • Team
  • Careers
  • Charity
  • Insights
    • News
    • Events
    • Podcasts
    • Case Studies
  • Contact

Capability dismissal rendered unfair due to serious defects in the internal appeal

Capability dismissal rendered unfair due to serious defects in the internal appeal

27th February 2026

Share this post

Mr Milrine was employed as an HGV driver for DHL Services Limited from 14 October 2013.

Mr Milrine had been absent from work for more than two years due to suffering from vertigo and vestibular migraines. On 3 June 2022, DHL Services Limited dismissed Mr Milrine on the  grounds of medical incapability.

Mr Milrine appealed against this decision however, there were numerous flaws in the appeal process. Firstly, the allocated appeal manager had declined to hear Mr Milrine’s appeal. A replacement appeal manager, then failed to turn up to the appeal hearing. 

The Human Resources business partner then verbally asked Mr Milrine to select another manager and to suggest some alternative dates to hear the appeal, however, this was not put in writing. No internal appeal was ever held and as a result, Mr Milrine issued an unfair dismissal claim.

Although the Employment Tribunal had originally criticised the procedural flaws in the appeal, they dismissed Mr Milrine’s unfair dismissal claim.

Mr Milrine then appealed to the Employment Appeal Tribunal (EAT), who agreed with Mr Milrine and allowed the appeal. It held that the dismissal was unfair due to the defective appeal. 

The Judge stated that the statutory test of whether a dismissal was fair requires the whole process, including appeal, to be examined. The Judge went on to state that the failure to offer an appeal or a defective appeal procedure would not automatically amount to an unfair dismissal, but it would be one of the many factors taken into account and that even when the original decision to dismiss was reasonable, the overall dismissal can still be found to be unfair. The fact that arrangements were not confirmed in writing, goes against best practice and left the employee feeling confused, in a poorly managed process.

This case reminds employers that they must ensure that a fair procedure has been followed throughout, including the appeal process. Even where a dismissal is justified, employers must handle each stage of the process carefully, in order to avoid rendering the dismissal unfair. 

For more advice, please contact our Employment Team.

Related Post

19TH MARCH 2026

Companies House Breach and what you need to do now

On 13 March 2026 Companies House confirmed a significant security incident affecting it’s WebFiling service. The issue may have allowed authorised users to view and edit details belonging to other companies,  including access to certain...

17TH MARCH 2026

The Employment Rights Act 2025 – A fundamental shift...

The Employment Rights Act 2025 represents one of the most significant overhauls of UK employment law in a generation. Its provisions go far beyond incremental reform, they signal a decisive shift in the balance of power between employers...

Recent Posts

  • Companies House Breach and what you need to do now

    19th March 2026
  • The Employment Rights Act 2025 – A fundamental shift in UK Employment Law

    17th March 2026
  • An Employment Law Update Webinar 2026

    26th January 2026

Get in touch

team@moorcrofts.com
T. +44 (0) 1628 470000
F. +44 (0) 1628 470001
LinkedIn Twitter

Find us

Thames House
Mere Park
Dedmere Road
Marlow
Bucks
SL7 1PB
Moorcrofts LLP is a limited liability partnership registered in England and Wales under number OC311818. Partners: Theresa Hunter, Barry Maytum, Joe Hughes, Julia Ferguson, Kate Prentis, Lindsey Abbott and William Pearce. Authorised and regulated by the Solicitors Regulation Authority (number 419658) VAT no. GB 727298404

The term "Partner" is used to refer to a member of Moorcrofts LLP or a person of equivalent status, qualifications or senior management experience.

Privacy and cookies  | Service and price transparency  | Complaints

© 2024 Moorcrofts LLP, All Rights Reserved.

This website uses cookies to personalise your experience. For more information on how this site uses cookies please view our Privacy policy