In Patel v. Folkestone Nursing Home the Court of Appeal has considered the legal position of an employee who successfully appealed against their dismissal for misconduct under the appeals process set out in a contractual disciplinary procedure. The Court of Appeal confirmed that the employee's dismissal is treated as having no effect and the employment relationship is treated as continuing. The ruling is restricted to the impact of a successful appeal under a contractual disciplinary procedure but the same principle probably also applies to non-contractual procedures. In practical terms, this means that an employee who successfully appeals against their dismissal is treated as if they were never dismissed, and will usually be entitled to back pay as well as re-instatement.