five weeks since my appeal......

[Acjb007]

As some of you know from my previous posts I had my appeal five weeks ago. Ive heard absolutely nothing. Surely this isn't following Acas guidelines for a fair appeal hearing? I'm tempted to go to a tribunal as it's been one thing after another and a judge would surely look down on a massive company that has made a simple disciplinary hearing go on for 13 weeks. Also my reason for the appeal was due to my medical history not being taken into account for mitigating circumstances. This I felt was disability discrimination. At the appeal which lasted 5 hours the words disability or discrimination were not mentioned once. Correct me if I'm wrong but shouldn't such a serious claim be investigated at the appeal so it could be resolved?

[judgemental24]

Re: five weeks since my appeal......

First thing i am unfamiliar with this case

1. have you been dismissed
2. when were you dismissed or made redundant (Date)
3 has ACAS accepted mediation prior to an Employment Tribunal claim

[stevemLS]

Re: five weeks since my appeal......

First thing i am unfamiliar with this case

1. have you been dismissed
2. when were you dismissed or made redundant (Date)
3 has ACAS accepted mediation prior to an Employment Tribunal claim

If I remember rightly OP was sacked from a shop for multiple occurrences of theft which they later attributed to their medical condition.

[judgemental24]

Re: five weeks since my appeal......

Then i am afraid you are flogging a dead horse

The mere fact a theft occurred and you were found at fault is enough to dismiss for Gross Misconduct

You cannnot even use taking opiets for any disability as mitigation. If they were affecting you that much then you should not even have been at work. The obligation would have been on you to inform the employer of any ongoing medical conditions and treatments

Sorry

[stevemLS]

Re: five weeks since my appeal......

Then i am afraid you are flogging a dead horse

The mere fact a theft occurred and you were found at fault is enough to dismiss for Gross Misconduct

You cannnot even use taking opiets for any disability as mitigation. If they were affecting you that much then you should not even have been at work. The obligation would have been on you to inform the employer of any ongoing medical conditions and treatments

Sorry

I've said as much many many times but OP is unwilling to accept.

It seems that you can't help those that don't want to be helped!

[Acjb007]

Re: five weeks since my appeal......

Okay, then why have Acas agreed to offer the company early conciliation? Basically it's okay to treat a colleague unfairly and not follow Acas code of conduct if the colleague is in the wrong?

[judgemental24]

Re: five weeks since my appeal......

Acas do not decide who is right or wrong, that is down to a Tribunal

Their overriding objectives is to achieve a settlement, even to the detriment of the employee

[Acjb007]

Re: five weeks since my appeal......

Sorry if I seemed blunt. It's just really getting to me and the 5 week wait for an answer about my future is really getting to me physically and mentally. I did wrong, I admitted to it. I lost my job so I have the ultimate punishment. However there is a long list of errors the company has made and it's me who is trying desperately to sort out the outcome. From my understanding Acas state it's up to the employee and employer to fairly settle the matter. I've been patient and written to them but hear nothing back. They are playing games as they could simply send a letter stating the appeal was unsuccessful. They know I'm seriously ill and I've even given them a from my GP stating stress and anxiety could be life threatening and they urge the company to deal with the matter promptly. To me they aren't giving me the outcome as they are either seeking legal advice or delaying it purposely so I lose my right to take it to a tribunal. Their disciplinary policy states that medical information submitted by the employee should be investigated with the colleagues gp or occupational health. They didn't even look at my medical notes. The reason (I believe) they didn't look was due to my health issues being caused by alcohol addiction. Acas and my gp both agreed that it could be classed as discrimination and breach of contract. I'm not a bad person and even at my appeal when the manager went through my file couldn't believe my flawless company history with not one file note or absence issue in 5yrs. I have since come off my medication against my doctors advice and my personality has changed massively. Instead of feeling like a zombie I'm experiencing true emotions again including guilt and responsibility. I just know on my heart what I did wasn't the true me.

[judgemental24]

Re: five weeks since my appeal......

I advise speaking to a solicitor before you time out action at an employment tribunal

[stevemLS]

Re: five weeks since my appeal......

OP. my only advice is that you have got another job and so move on, you have no case in my view.

[Acjb007]

Re: five weeks since my appeal......

Thanks :-)