What should appeals do?

[Natalie1]

When you have an appeal at work, which is done by way of a review of the original decision, what exactly do they do? Do they make sure that there was evidence to back up the decision? Do they make sure that the correct sanction was applied in accordance with disciplinary procedure? Or do they just quickly view everything and if it looks right they uphold the decision?

Once they have upheld the decision, do they have to tell you why they upheld it on each point you raised and refer to the evidence they used, or can they just say it was upheld because they agree with the disciplinary officer? Thanks

[teaboy2]

Re: What should appeals do?

I think the more important question is why are you asking about this? Have you been dismissed if so why, and did you do what they claim you did?

[Natalie1]

Re: What should appeals do?

This is why I am asking.

I lost the appeal because they said I should have known it was wrong. They had no evidence to show what I did was wrong. The investigation didn't establish I did anything wrong and didn't establish the facts of the case. My employer even said they didn't know if I had broken any rules.

Can someone answer a few questions please:

1. If they don't know if rules had been broken how could I have known it would be wrong?
2. If the investigation did not establish the facts of the case, should it have gone to a disciplinary?

From an earlier post here http://www.legalbeagles.info/forums/...age2&highlight=

[teaboy2]

Re: What should appeals do?

Well the appeal process should have highlighted that they could not establish that you had done anything wrong or if any procedures had been broken. If this is what the employer themselves had told you and yet still dismissed you and failed to reinstate you at appeal. Then you have solid grounds for unfair dismissal as they clearly didn't have grounds to lead them to have "reasonable belief" that you had done anything wrong!

Also having read the first post of your thread, you were fully compliant with the health and safety regulations if not more so since their was more than the minimum required first aider left on duty - So legally you were compliant with the law, also it is your employers responsibility to ensure they had staff members trained up as advanced first aiders if that is what the employer required in their own policies, therefore with the employer not having staff trained to that level, it would be the employer in breach of their policies not you. Even as a manager, it is not your responsibility to ensure staff are trained to advanced levels, merely that they are at a level that the law requires, it is up to the employer to arrange training and any advance level of training that they require staff to take, especially if there is any contractual consideration needed to be given between employer and employee taking the training, such as cost of fees and who pays for them etc!

Ultimately the employer is legally responsible for health and safety and ensuring all staff, including, management are aware of any changes to policy or need to train staff etc!

[Openlaw15]

Re: What should appeals do?

When you have an appeal at work, which is done by way of a review of the original decision, what exactly do they do? Do they make sure that there was evidence to back up the decision? Do they make sure that the correct sanction was applied in accordance with disciplinary procedure? Or do they just quickly view everything and if it looks right they uphold the decision?

Once they have upheld the decision, do they have to tell you why they upheld it on each point you raised and refer to the evidence they used, or can they just say it was upheld because they agree with the disciplinary officer? Thanks

Natalie, can you give us a basic outline of your job, what the allegations against you were. 'You should have known it was wrong' issue. Some details about this would be useful. Were some things expected of you that you should have been automatic knowledge?

[mariefab]

Re: What should appeals do?

As you only had one years service, it's sufficient that they reviewed the disciplinary decision and stated that they agreed with it.

Natalie, I understand why you feel justifiably aggrieved that logic hasn't availed with your employer. What they've done certainly isn't morally fair. But I'm afraid that the unfortunately your length of service leaves you with no remedy.
(If you'd worked there for 2 years you could have resigned and claimed unfair constructive dismissal.)

Openlaw, find a link to the original thread below:

http://www.legalbeagles.info/forums/...safety-at-risk