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Appeal

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  • Appeal

    I am looking for some advice. I appealed a disciplinary decision back in November 2013. Our company policy states that appeals will be heard within 7 days - so the key date was 28th November. I hear nothing until January 2014 when a date was set for the appeal hearing 7th Jan 2014. The appeals officer informed me that I would get a decision within 7 days - but I didnt hear anything until 22nd Jan when I receievd an email from the appeals officer stating that he was still going through the paperwork and I would get a decision at the end of the week. To this day I have not had a decision.
    So I feel I have good grounds for raising a grievance. However, at the time of my disciplinary I surrepticiously recording the disciplinary hearing and left my phone in the office during their deliberations. I have it on record that all they did when I left the room was make derogatory remarks about my appearance, one of them said she wanted to slap me and they were both recorded stating that they were not reading my written evidence that I had submitted in my defence. Furthermore, they clearly had not read our company policy as they had to ring another trustee to ask him what punishment they should give me. After some deliberation they decided on a written warning that would stay on my file for 12 months. One of them wanted to give me a final written warning - and I also have it on record that one of them stated "well she can get a final next time!"
    I did post about this incident back in november if anyone wants to read it in the employment section here http://www.legalbeagles.info/forums/...is!&highlight=
    One of the points that i raised at my appeal was that I believed the decision was pretermined before I even went into the appeal and no matter what I said they had every intent on metering out some punishment to me regardless of my defence. The recording fully supports that claim. Is now a good time to reveal the recording do you think? I am aware of previous employment tribunal cases that have allowed these recodings to be submitted as evidence at a tribunal and will obviously refer to these cases.
    Any suggestions as to the best strategy to take?
    Thank you in advance
    Last edited by purplewitch; 10th April 2014, 08:17:AM.
    Tags: None

  • #2
    Re: Appeal

    So they haven't given you any outcome whatsoever from your appeal yet ?

    If not then I would put it in writing that as you have not received a decision you will take that to mean you were sucessful and that if they disagree then they have 7 days to inform you as to why not. If they do not reply you can take it that the 12 month record or the written warning cannot be used against you in future disciplinary action. If they did then you would have a good case for wrongful dismissal for them not following correct procedures.
    Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

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    • #3
      Re: Appeal

      Also the appeal should ideally be heard by someone not involved in the initial disciplinary, usually a higher ranking manager.
      Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

      IF WE HAVE HELPED YOU PLEASE CONSIDER UPGRADING TO VIP - click here

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      • #4
        Re: Appeal

        Nice job Witchy, you just confirmed what we all suspected, absolutely first class.

        Comment

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