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Have my employer potentially breached their own procedure?

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  • Have my employer potentially breached their own procedure?

    So I was terminated for capability reasons. I recently asked for clarification on the process of dismissals & appeals in cases of capability, however, I was told there is no specific policy for that, but told that for consistency in their processes, it is managed in line with the disciplinary procedure. outlined in the employee handbook.

    It says.....




    "The Disciplinary Procedure is designed to:


    - provide a right of appeal to a level of management not previously involved in the case..."








    So the procedure in my case went like this......


    Stage 1 - Manager A

    Stage 2 - Manager B

    Stage 3 - Manager C

    Stage 4 - Manager D (Dismissal)


    Appeal - Manager C (previously involved in the case)






    Any advice?




    Tags: None

  • #2
    It is a large organisation with 9k employees on site, so plenty of managers.

    Comment


    • #3
      In theory, and if enough managers were available then manager C should not have been involved again in the process.
      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

      I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

      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.


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



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      Comment


      • #4
        So a tribunal shouldn’t accept their excuse. I’d estimate a minimum of 100 managers would be on site at that time.

        Can this potentially be a ‘match winner’ for me?



        (I’m gonna post each query bit by bit as opposed to blurbing it all out )

        Comment


        • #5
          I am not saying that a Tribunal should not accept their excuse, theory and practice are two different things and no do not consider it a "match winner".

          If you are going to post further queries then please do so on this thread and not create new threads each time otherwise it will become very confusing.
          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

          I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

          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 can’t 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.



          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

          Comment

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