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Dismissed yesterday........advice required

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  • #16
    Re: Dismissed yesterday........advice required

    Its a minor point but you are still employed by them until 10 May.
    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


    You canít always stop the waves but you can learn to surf.

    You are braver than you believe, smarter than you think and stronger than you seem.

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    • #17
      Re: Dismissed yesterday........advice required

      [MENTION=51026]Ula[/MENTION]

      Letter drafted, will send it from home later. Thank you for your help so far.

      As soon as I receive a response, I will let you know and see where we go from there.

      Comment


      • #18
        Re: Dismissed yesterday........advice required

        [MENTION=51026]Ula[/MENTION] [MENTION=26290]mariefab[/MENTION], response received as attached.

        I know that at least one of the two members of staff who held my 'dismissal' meeting has been involved with the letter, as you can clearly tell it has been copied from somewhere with the myself, Bev, etc. part. Bev is the one holding the meeting!

        Also, why are there 3 people taking part from their side?

        Finally, I have started employment elsewhere since sending the appeal letter off, so have no intention of gaining my job back. However, the dismissal should be quashed at the very least in my opinion, so where do I stand on that front?
        Attached Files

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        • #19
          Re: Dismissed yesterday........advice required

          [MENTION=51026]Ula[/MENTION] [MENTION=26290]mariefab[/MENTION]

          Further developments, I've just received some information (on the attached screenshot), which shows that Sarah and Helen (the two people who conducted my 'dismissal' have been involved in sorting out my appeal, even though they have said themselves previously they are not allowed to be involved in any way.

          Can you advise where I stand with this, please?
          Attached Files

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          • #20
            Re: Dismissed yesterday........advice required

            In terms of who should deal with an appeal then ideally it will be heard by someone senior in authority to the person who took the disciplinary decision and, if possible, someone who was not involved in the original meeting or decision. However in small organisations this may be difficult but even if there is no more senior manager available, another manager should, if possible, hear the appeal. Whoever hears the appeal should consider it as impartially as possible.

            I cannot say why they have chosen to have three people attending but I would guess that one of them is there to take notes.

            I would suggest that the further information you have posted should not have been sent to you as whoever did that has breached confidentiality and if this came to light would be in serious trouble. Plus it does nothing more than state facts about firstly the appeal meeting process and states an opinion they have had from ACAS based on the information they have provided to the person they spoke to.
            I do my best to provide good practical advice, however I do so without liability.
            If you have any doubts then do please seek professional legal advice.


            You canít always stop the waves but you can learn to surf.

            You are braver than you believe, smarter than you think and stronger than you seem.

            Comment


            • #21
              Re: Dismissed yesterday........advice required

              [MENTION=51026]Ula[/MENTION] thanks for the quick response.

              In relation to the fact I'm now employed elsewhere, is there a point to me appealing?

              Comment


              • #22
                Re: Dismissed yesterday........advice required

                The decision is yours. As has been stated you can be (fairly) dismissed without your employer giving any reason at all and although you have been given leave to appeal I am not sure, since you have now found a new job, what you would want to achieve if you went ahead with it.
                I do my best to provide good practical advice, however I do so without liability.
                If you have any doubts then do please seek professional legal advice.


                You canít always stop the waves but you can learn to surf.

                You are braver than you believe, smarter than you think and stronger than you seem.

                Comment


                • #23
                  Re: Dismissed yesterday........advice required

                  ACAS is right in this instance.
                  It's likely that they going through the process because they consider that their disciplinary procedures are incorporated into their contracts; as Ula mentioned in post#10.

                  I'm not sure what you want to achieve.
                  The effect of quashing the dismissal would be to reinstate you, and you don't seem to want that.
                  I suppose that you could waste some of their time by getting them to jump through these hoops.
                  If you are hoping that they might be persuaded to call the end of your employment something other than a dismissal, that would be understandable. Although, this may not be the best way to go about it. If you think that HR, or someone else with the relevant authority, would consider this; a phone call before the hearing could be the answer.

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