More dismissal appeal enquiries

[Tiamet]

Hi, this is my first time here and I also have questions about a dismissal appeal. Mine is imminent and it involves a mental health issue. If its not overturned then medical and legal advisers think I have a very strong case for unfair dismissal. However if it is overturned then the same people don't think my workplace will be a healthy environment for me. What are the legal implications of winning an appeal but not actually wishing to return to work. The most basic thing I want is my name cleared.

[FlamingParrot]

Re: More dismissal appeal enquiries

Hi and welcome!

We really need a bit more detail to be able to come up with a response, such are where you used to work - not necessarily the name of the employer but what kind of business it was and what sort of job you were doing, as well as why you were dismissed. :typing:

In most cases, the appeal is merely a formality you need to go through in order to proceed further, in my experience, they hardly ever lead to re-instatement. I also once attended an appeal for the same reason, and my worst nightmare was to have been offered my job back :scared: (it was quite an eventful dismissal to say the least), but the chances of that happening were virtually nil.

I can fully empathise with you with regards to wanting your name cleared, :hug: that's also been an ongoing struggle for me in recent times, albeit in a different context, but the principle is much the same. :thumb: Being accused of things you didn't do can be one of the most irritating experiences.

[Tiamet]

Re: More dismissal appeal enquiries

Sorry for the vagueness but this appeal really is beginning to feel like a poker game and I'm wary of showing my hand. We're talking an small outlet of a national company, with a dedicated HR dept. The company is undergoing "restructuring" and I think we all know what that means. The charge is Gross Misconduct (no one hurt, no theft which is what every ordinary person automatically thinks when told of GM). The behaviour is explained by a then undiagnosed medical condition. The company, despite having considerable time, have done virtually no investigation and have been dismissive and at times almost abusive of the condition. Every medical consultant has been fully prepared to support my case, a respected lawyer has some serious issues with the procedure and even the interviewer at the Jobecentre described my treatment as appalling and would support my choice not to return. There have been numerous slights and lack of due care involving the administration of the process by the company. Basically the feeling is they were too embroiled in a large redundancy programme to give my case the proper attention and may (?) only now be realising there have been errors. Can they just reinstate me if they knew I was reluctant to go back, hoping I'd shut up about it.

[wales01man]

Re: More dismissal appeal enquiries

How long has this been going on for?you say an undiagnosed then talk of several medical consultants can I ask how you can see the consultants so quickly?

[Tiamet]

Re: More dismissal appeal enquiries

Since January, the original suspension caused a breakdown and I was on sick leave. The company was kept informed of the diagnosis, prescription and practitioner (GP, Psychiatrist, CPN, CBT) and given permission to request information from any of them at any time. I had a first disciplinary meeting mid may, they had no medical information at all. They adjourned to consult with my practitioners (stated clearly in the notes of the meeting) reconvened a couple of weeks later where I was dismissed very abruptly. I found out that not one person had been consulted. The only thing they had was an OH report a 15 minute phone call with a company they hired focused entirely on my ability to return to work now.

[labman]

Re: More dismissal appeal enquiries

How long have you worked at the place of work in question? It is so difficult to try offer help without knowing more detail, and I fully understand your reluctance to give this.

Wales - I'm under five different consultants, and only one have I had a substantial wait for, and that only because of a change in the law here in Wales.

[Tiamet]

Re: More dismissal appeal enquiries

12 years, though this was initially with a company that the current one took over a few years ago. I had a very good attendance record as well, and was someone who sort of shut up and put up, not really knowing how to play the system. Start of this year didn't even know how to sort out a repeat prescription as I was never ill.

[Tiamet]

Re: More dismissal appeal enquiries

Can I just make a quick check. If I'm offered re-instatement do I have to answer immediately.

[wales01man]

Re: More dismissal appeal enquiries

Labman, You were lucky in Wales My wife had an emergency MRI in8 weeks? and another 43 weeks to see the consultant this after complaining to the assembly that's why we left the third world country whose hero is a drunken poet and an assembly that likes to waste money on buildings for its staff RANT OVER

[labman]

Re: More dismissal appeal enquiries

Labman, You were lucky in Wales My wife had an emergency MRI in8 weeks? and another 43 weeks to see the consultant this after complaining to the assembly that's why we left the third world country whose hero is a drunken poet and an assembly that likes to waste money on buildings for its staff RANT OVER

LOL - I'm saying nothing about the assembly. A complaint about one of my issues was resolved very swiftly once it went to the Health Minister in the assembly. It is a lottery of where you live, and also of the severity of your illness. It seems to me that once you're in the system, things work much faster. It may just seem that way with having loads of appointments to attend. It's strange how two people in the same system can have two such different experiences isn't it.

[wales01man]

Re: More dismissal appeal enquiries

Labman are you welsh?

[labman]

Re: More dismissal appeal enquiries

I live here - wife and daughter are Welsh, I'm an illegal immigrant!:tinysmile_grin_t:

[charitynjw]

Re: More dismissal appeal enquiries

I bought a Welsh souvenir teacup once.

It had a leak in it!

[charitynjw]

Re: More dismissal appeal enquiries

Back on track.

If you have been formally dismissed, it would be entirely your decision whether to accept reinstatement, and you ought to be given a reasonable time in which to decide. (I would have thought that to expect an instant answer would possibly, in itself, be unreasonable.)

However, a 'bare' acceptance of reinstatement might affect your future chances of a potential future 'unfair dismissal' claim, should things go pear-shaped.
It might be an idea to submit a grievance, as this would put your concerns on record.

Obviously, it is rather difficult to give an opinion as to possible outcomes, due to the lack of detail. (Gross misconduct could be, say, theft, or fraud; it could also be that you have been caught having a crafty ciggie in the loo on a cold, rainy day!)

At first blush, however, it would seem that, given the redundancy situation, you could argue that you have been unfairly dismissed so that they can avoid a potential redundancy payment.
& if this was primarily because of your medical condition, it could be discriminatory as per Equality Act 2010 (protected characteristic).

But unfortunately it now costs quite a lot of money to bring a case to the Employment Tribunal, although if you are on benefits or a low income, you may be eligible to fee remission.

[Tiamet]

Re: More dismissal appeal enquiries

Thanks for that. Basically I'm going into this appeal thinking I'm pretty sure they don't want me back (due to their behaviour and that they seem to trying to get rid of quite a lot of people as a cost-cutting exercise). This is why it feels like a poker game because I don't know if it will be a) It's just a formality and they are convinced they're right or b) they are trying to suss out how strong my case would be.