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Should I be given a letter before an appeal hearing ?

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  • Should I be given a letter before an appeal hearing ?

    I'm appealing against a dismissal and one of my arguments is that before an appeal against a written warning I hadn't received any letter stating when the appeal would take place (I was only told that verbally the day before) and who would attend.

    At the meeting I was told I had the right to be accompanied and it was the first time I was told that. I said it was ok that I didn't have a companion because they left me basically no choice and I was eager to put forward my case. I also expected my line manager to be there because he was present at the meeting when I received a written warning but he wasn't there.

    So the question is: Should I have received a letter with details of the meeting ?

    Thanks for any answers

  • #2
    Re: Should I be given a letter before an appeal hearing ?

    Not necessary for the appeal meeting no. At least not according to ACAS code of practice - Though it is best practice to do so in line with the code of practice in regards to writing to employees advising them as to time and date of investigatory/disciplinary meeting and right to be accompanied.

    Given you were not made aware of your right to be accompanied untill the appeal meeting itself. I'm i right in assuming that they never advised you in writing as to your right to be accompanied when it came to informing you as to when the both the investigatory meeting and/or the disciplinary meeting would be?

    Please read ACAS code of practice 1: Disciplinary and Grievance; as it will give you an as to precisely what process and obligations the employer must adhered too. Link here - http://www.acas.org.uk/media/pdf/f/m...procedures.pdf


    Can you also clarify if you have been dismissed or just given a Written Warning (and if it was just a Written Warning or a Final Written Warning). As first you state you were dismissed, then you state about appealing a written warning
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

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