Invited to a disciplinary

[NoPaddle]

Fingers crossed your appeal is successful but if not the most serious failure in my opinion is 6 for the reason I said.

Point 6 is good as to why the appeal was not fair and i'll keep it in mind if it goes to tribunal. I'll put it with the breaches to employment law that made the dismissal unfair. Thanks

My rep said he would make a written statement regarding point 7 should it be required.

[NoPaddle]

Its been about a month since dismissal, and a week since the appeal. Ive heard nothing back from the appeal yet. At what point should I start early conciliation? I'm aware I have only 2 months left to put a tribunal claim in.

[PallasAthena]

What does college policy say about how long before you get the decision? If they have exceeded that complain to HR.

[ULA]

Responding specifically to how long before you start Early Conciliation - you must notify ACAS within 3 months minus 1 day from your dismissal. I would advise though that you do not leave it until the last minute.

[NoPaddle]

I lost my appeal.

The college claim that the breaches of employment law I cited were irrelevant because none of those cases were linked to schools!! That's the level I'm dealing with. I cited breaches to 'Burchell', but according to them, 'Burchell' is only relevant to cases that deal with the same type of business as the 'Burchell' case dealt with. They didn't bother commenting on the other employment laws they breached.

They claim my original suspension was not predetermined simply because when they suspended me they gave me a letter that stated suspension is not a predetermination of guilt.

They also rely on an undocumented phone call, which supposedly took place prior to my suspension, and which they never disclosed at any time until the appeal outcome letter, supposedly with the student I allegedly called a retard. They claim the student confirmed that I did. The strange thing is, at the appeal hearing, they claimed it was an email and never stated that the student confirmed any such thing.

There's loads more and it's all BS from them.

Gonna have a few days to gather my thoughts, then mon morning start early conciliation.

[Presonus]

Please keep positive and keep fighting this, it is so wrong on so many levels.

[NoPaddle]

I now have a copy of the email they claimed at appeal was from the student who i allegedly called a retard. It wasnt from the student at all, it was an email from the investigation officer who claims to have had a phone call with the student and claims the student said i did call them a retard. There are no witnesses to such a phone call and no confirmation from the student that a phone call took place. The investigator never mentioned having a phone call with the student at the time. The disciplinary never mentioned there was a phone call despite one of my points being that they had never contacted the student to ask them. It was only claimed at appeal hearing that they had an email from the student after i again mentioned they had never asked the student in question. Now it turns out the email was from the investigating officer, and the college relied on it to uphold the dismissal. And at appeal, when they claimed to have an email from the student, they never stated the email said i called the student a retard, they quoted something else which wasnt even in the email.

At least my union rep has confirmed he is writing a statement for me about the fact that during the appeal, he was informed by someone in that room that I was only dismissed because I didnt show enough remorse. The college will likely deny that at tribunal, so not sure if his statement will help.

[ULA]

If you do need support as you move on to Early Conciliation then just come back to this thread.