I often come across myths or misconceptions about employment law in the early years. In this second instalment, I will set out some of these and explain the correct legal positions.
1 An appeal against termination of employment will extend the employment until the appeal is concluded.
Unless it has been expressly agreed that the termination of employment will be postponed until the outcome of the appeal, an appeal does not usually delay the termination of employment. The dismissal may, however, later be rescinded if an employee’s appeal is successful.
2 There is no written employment contract in place and therefore the nursery can terminate the employment or change arrangements with the employee as it wishes.
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