Appealing disciplinary

[Guest]

Hi everyone,

I have been dismissed today as the outcome of a gross misconduct disciplinary meeting.

I believe it is unfair and i am going to appeal the decision. I was employed for 3 years with them

The allegation was that i assaulted 2 people at a staff party. There is CCTV which clearly shows i have not done this but the disciplinary chair has stated that as there was witness statements (Each of which does not match the events seen on CCTV) they chose to dismiss me for loss of confidence.

In regards to the assault, the disciplinary chair stated that there is not enough evidence to prove that it did or didn't happen

If i am not guilty of the alleged assault, how can i be dismissed for lack of confidence?

Thanks in advance for any help or advise*

[ULA]

Sorry to hear about your situation.

A breakdown in trust and confidence can be a fair reason for dismissal for ‘some other substantial reason’ (SOSR). If an employer loses confidence in an employee, they need to establish that trust and confidence has actually broken down due to the conduct of the employee and will have to demonstrate they have acted reasonably in treating that as a sufficient reason to dismiss. This is likely to involve going through a process of giving warnings and allowing an opportunity for improvement unless the behaviour is so serious that it amounts to gross misconduct.*

I am thinking that since the company was not able to establish assault as a grounds for dismissing you for gross misconduct they are instead relying on a breakdown in trust and confidence as SOSR for dismissal.

When you received your letter asking to attend a disciplinary hearing were the allegations purely about the assault and was there any mention about lack of trust and confidence?

In terms of your appeal this needs to be done on the basis of the lack of evidence to support the allegation that you assaulted 2 members of staff, i.e. the CCTV does not show any assault taking place and the witness statements are not consistent with the CCTV evidence. *If there was no mention of lack of trust and confidence in the allegations requiring you to attend the disciplinary, you could also try and argue that a fair process has not been followed since the company has not demonstrated, via the disciplinary process, any conduct by you that amounts to a breakdown in trust and confidence.
*

[Guest]

Thank you very much for for taking the time to reply Ula,

My Hearing invite letter outlines the following
"The purpose of the hearing is to consider an allegation of gross misconduct against you"*
"The allegation is that you have assaulted a number of colleagues at a staff event, and that this conduct at a work event has put the company in great jeopardy and a position of disrepute"

It doesn't state until you read my investigation report under terms of reference that this represents gross misconduct under the following clauses.

1.Serious breach of confidence*
2.Unlawful discrimination & harassment (just to point out that in my outcome they dismissed the discrimination and parked the harassment as a grey area)*

Based on the above what would you recommend goes into the appeal letter. The disciplinary outcome letter has asked that i state my grounds of appeal in full. Am i required to put the full reason for appeal or will bullet points of statements such as the below be sufficient?

1. Lack of evidence for alleged assault
2. Premeditated decision
3. Fair processes not being followed

Thanks in advance*
*

[ULA]

Hi you need to make your appeal letter as detailed as possible since you will be relying on this when you have your appeal hearing. I suggest therefore that you need to ensure that you expand on any statements that you make.*