Appealing Gross Misconduct Dismissal

psychy

Hi all,

Details of what happened or 'offence' is here:
http://forums.moneysavingexpert.com/showthread.html?t=987729

Just an update but following my initial suspension pending investigation, I was eventually dismissed for so-called 'bringing the company into disrepute' and 'breach of IT policy'.

Anyway, on Thurs 24th July I appealed this decision and has a meeting with a director at the firm and member of HR. I was told I would be getting a response in 5 working days, although the company literature says 10 working days. Either way, more than 10 days has elapsed.

I would be very appreciative if someone could tell me what to do?
Do I write a letter demanding a response? Clearly my old company are not following procedures by taking this long to reply with a final decision......


Thanks everyone for everything.

dmg24

You do not demand anything, you either make a phonecall or write a letter and politely remind them that they are over the advised time, and ask that they reply as soon as possible.

psychy

haha....yeah, thats what i meant. Mummy always said to be a good polite boy.

So contacting them is the best course of action then?
I have the understanding that if a company fails to follow their procedure in dismissals, they can be automatically found to be unfair dismissal.

Taken from ACAS:
http://www.acas.org.uk/index.aspx?articleid=1797
If an employer is considering dismissal, they must follow the statutory dismissal procedure. It comes in three parts: a written statement of what the employee is alleged to have done, a meeting to discuss the situation, and the right of appeal. If this procedure isn't followed, an employment tribunal may judge the dismissal 'automatically unfair'.

What my ex-company has done is given me the right to appeal, but not notified me of the outcome within the stated time.....

I dont know whats the best thing to do.

BettySpaghetti_2

You're right, if they fail to follow procedures then you can raise a grievance, regardless of your actions or the outcome of the case. Contact ACAS - they will certainly help and investigate. A close relative was dismissed from work a few years ago and the company (a very large, well known one) didn't follow their documented procedures and he got compensation. Not a lot, but it helps when you're in that situation.
Good luck

marcus45

have i missed something i thought you had finished with the company ? if so move on...or are you saying they are not paying you what they owe you moneywise..

CFC

marcus45 wrote: »

have i missed something i thought you had finished with the company ? if so move on...or are you saying they are not paying you what they owe you moneywise..

No, he was hoping to haul the company over the coals because they had taken longer in their deliberations than they aim to do so.

I guess he's heard his appeal hasn't been upheld, as there are no further posts.