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Appeal on Final Written

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  • Appeal on Final Written

    Hi all

    I was investigated on Tuesday around a process not being followed 100%. This process involved another manager as well as myself.

    Part of the process was missing which I had admitted to - and over sight on my part and not at all deliberate as it was the first time I had experienced this issue. I had sent an email with what I thought was full details of what happened at the end of my shift so it could be picked up over the weekend as I was about to finish my shift and could not do so.

    The manager I had sent it to did also not follow process and presented risk. No communication with an update from over the weekend and unclear communication throughout from all parties involved which prolonged the entire situation and escalated it to a huge issue and risk.

    I was investigated, referred and given a final written warning for not following the correct process originally. There was no investigation completed for the failings of the other manager and questions still unanswered about the entire situation.

    I have a clean record. I hadn't so much as a verbal warning or informal feedback on file. As they described me "a model employee" but they said given the nature of the risk that it could have presented, they felt no option but to give me a final.

    I wanted to appeal it on the grounds of fairness and consistency considering the full process was not investigated but was wondering do I have any grounds for this?

    Thanks
    Tags: None

  • #2
    I'm sure aomeine with expertise in this area will comment soon. As it's just a final warning I'm assuming they are continuing to let you work. Best thing in my opinion is to carry on working normally and ensure no slip ups in any of their processes.

    Unfortunately a final warning is not a small thing and I would appeal thia decision. I'm not sure pushing the blame (deservedly or not) is going to help much so keep it professional and focus on yourself and how it was something you've not had to deal with before and you did pass on the information up the seniority line.

    Comment


    • #3
      Yes definitely, passing the blame is not what I intend to do.

      As cited in our investigation and disciplinary process, its to be "fair and consistent" and "no further action will be taken until each case has been fully investigated"

      My argument is, another manager was involved in the same incident, had also made an error with risk attached and there was no investigation connected for this error - not fair and consistent and we still don't know all of the answers as to why the situation had progressed so long as no questions have been asked to her hence a full investigation into the entire process didn't take place.

      Just annoyed - don't want a final written looking over me for the next 12 months.

      Comment


      • #4
        You will have the right to appeal which should have been explained in the letter detailing the outcome of your disciplinary hearing, including the timescales in which to appeal.

        Depending on what has happened you can make your appeal on the following basis:

        1. Challenge the way the disciplinary action was taken against you. For example, if your employer did not follow their own disciplinary policy or the ACAS Code of Practice.

        2. Challenge the evidence on which your employer based their decision. For example, if they believed something to be true without evidence or without enough evidence to support it.

        3. Challenge the decision your employer took. For example, if they have acted differently in the past in similar cases or the disciplinary action they're proposing is too harsh.

        4. Give new evidence or reasons why disciplinary action shouldn't be taken. For example, you may want to point out your clean disciplinary record, work record and length of service, or explain that you need training or adjustments to your work to avoid the problem happening again.

        You can use one or any combination of the above, as relevant, to base your grievance.

        Hope that helps but is you need any further support just come back and ask.
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

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