Please help, on the verge of losing both my jobs...

hotblu

imamoneysaver wrote: »

Hi

Surely they cannot dismiss you and then make you work your notice!!! I have dismissed many of people and never come across this....

Hey imamoneysaver,

Yes, legally they can't dismiss me and not give me notice unless gross misconduct which this isn't...

Hotblu

hotblu

mum2one wrote: »

Are you a member of a union, def think you have a lot of issues and need the right advice before you end up the river without a paddle, I had a carp solicitor who lost me a case for sexual discrimination where a heck of rules were breached, by the time Id got a gd solicitor I was only able to claim for unfair constructive dismissal, where the settlement on that was a fraction of the 1st.

Get decent legal advice. x

Hey mum2one,

I am with a union (PCS). I have a Union Rep (younger than me, he is ok, it's just I feel I do all the work, in the sense he doesn't research anything and im constantly on his back. On that note though, I am one of those who likes to do things myself. Just need him there for moral support).
Back to the civil service job, my situation became complicated as they made a recomendation for dismissal late last year, but couldn't see it through as I appealed on basis of procedures not being followed. Attendance improved greatly, but manager who wanted to dismiss before became really bullish towards me, hence the period of work related stress, long behold, on my return within matter of weeks dismissal has been made. Even though their own HR advisor told them not to, and they didn't follow correct procedures.
My biggest concern with this appeal is that I will be successful at Civil Service Appeals Board stage, but am am worried department wont agree to reinstatement and therefore I will just be paid a minimal amount of compensation and still left without job... I really want this job back, just not be under that management team.
Does anyone have any Civil Service Appeals Board experience???
Sorry to go on and thanks for reply's thus far.

Hotblu

Llyllyll

hotblu wrote: »

Hey mum2one,

I am with a union (PCS). I have a Union Rep (younger than me, he is ok, it's just I feel I do all the work, in the sense he doesn't research anything and im constantly on his back. On that note though, I am one of those who likes to do things myself. Just need him there for moral support).
Back to the civil service job, my situation became complicated as they made a recomendation for dismissal late last year, but couldn't see it through as I appealed on basis of procedures not being followed. Attendance improved greatly, but manager who wanted to dismiss before became really bullish towards me, hence the period of work related stress, long behold, on my return within matter of weeks dismissal has been made. Even though their own HR advisor told them not to, and they didn't follow correct procedures.
My biggest concern with this appeal is that I will be successful at Civil Service Appeals Board stage, but am am worried department wont agree to reinstatement and therefore I will just be paid a minimal amount of compensation and still left without job... I really want this job back, just not be under that management team.
Does anyone have any Civil Service Appeals Board experience???
Sorry to go on and thanks for reply's thus far.

Hotblu

If you're in the PCS you will have access to legal support in addition to that of your local rep, see http://www.pcs.org.uk/en/resources/legal_toolkit/employment_law_scheme.cfm and please read all the way through.

If you can/are willing to say is the dept. in question HMRC by any chance?

mum2one

hotblu wrote: »

Hey mum2one,

I am with a union (PCS). I have a Union Rep (younger than me, he is ok, it's just I feel I do all the work, in the sense he doesn't research anything and im constantly on his back. On that note though, I am one of those who likes to do things myself. Just need him there for moral support).
Back to the civil service job, my situation became complicated as they made a recomendation for dismissal late last year, but couldn't see it through as I appealed on basis of procedures not being followed. Attendance improved greatly, but manager who wanted to dismiss before became really bullish towards me, hence the period of work related stress, long behold, on my return within matter of weeks dismissal has been made. Even though their own HR advisor told them not to, and they didn't follow correct procedures.
My biggest concern with this appeal is that I will be successful at Civil Service Appeals Board stage, but am am worried department wont agree to reinstatement and therefore I will just be paid a minimal amount of compensation and still left without job... I really want this job back, just not be under that management team.
Does anyone have any Civil Service Appeals Board experience???
Sorry to go on and thanks for reply's thus far.

Hotblu

I have no knowledge of civil service sorry, but from working on what I went through (brought unfair constructive dismassal against my company, represented myself, and I also assisted a friend in her tribunal case as she had been sacked by the company).

In theory the appeals process is broad along the same lines regarding who you work for ie, they have to follow to the letter of the law. If the worse happened and u were dismissed and went through the appeals process and won, then you would go back to the position that you were in, they can not demote you on your return, or shove u in the broom cupboard with the photocopier.

Its good that u have union representation, as if the worst happened and it went to tribunal then they would supply legal representation for u.

One point - (if u are aware of it sorry, just brains working), at an appeals process they (the company) can not bring in any new evidence against you (meant in nicest of ways).

If I can help etc send me a pm.x

hotblu

Llyllyll wrote: »

If you're in the PCS you will have access to legal support in addition to that of your local rep, see http://www.pcs.org.uk/en/resources/legal_toolkit/employment_law_scheme.cfm and please read all the way through.

If you can/are willing to say is the dept. in question HMRC by any chance?

Hey Llyllyll,

Thank you for reply, honestly appreciated. Going to read through this week, then contact rep, got internal appeal in August... praying it's sorted then and wont need to go to Civil Service Appeals Board or Employment Tribrunal.

Hotblu

hotblu

mum2one wrote: »

I have no knowledge of civil service sorry, but from working on what I went through (brought unfair constructive dismassal against my company, represented myself, and I also assisted a friend in her tribunal case as she had been sacked by the company).

In theory the appeals process is broad along the same lines regarding who you work for ie, they have to follow to the letter of the law. If the worse happened and u were dismissed and went through the appeals process and won, then you would go back to the position that you were in, they can not demote you on your return, or shove u in the broom cupboard with the photocopier.

Its good that u have union representation, as if the worst happened and it went to tribunal then they would supply legal representation for u.

One point - (if u are aware of it sorry, just brains working), at an appeals process they (the company) can not bring in any new evidence against you (meant in nicest of ways).

If I can help etc send me a pm.x

Hey mum2one,

Thanks so much for your reply. With regards to where you say "If the worse happened and u were dismissed and went through the appeals process and won, then you would go back to the position that you were in", that's something thta is worrying me. I don't want to sound cocky, but I know they haven't followed correct procedure so am confident, but after going on CSAB website, it say's even if they agree it was unfair dismissal, then they would ask Department to reinstate, but Department don't have to and I would just get compensation. As I have said before, that is my concern, that I win, then Department don't reinstate and I just get left with minimal compensation... could I then reject this, and then go to Employment Tribrunal?

Hotblu

Ps, will take you up on offer of PM'ing :-)

Will wait until internal appeal and let you know result... Thanks again x

hotblu

Oh, sorry, I know I am being a pain, but a bit of good news, moving restaurants in next few weeks hopefully... so can say good bye to the nasty manager :-)

mum2one

Thats brilliant news re the restaurant, (I'm not jumping the gun just looking at the worst outcome)
without the fine print of contracts, and the ins and outs of the civil service, I can only go on my knowledge, and small bit of legal experioence (this is my opinion) in all honestly there not above the law, I think it applies in the contract element of law, the appeal process, basically reviews the evidence that would have been used in the decision to dismess you, the appeals process would need to be people higher in statue than the person who dismissed u, they ask questions, review the evidence but they can not bring new evidence in.

There may be a loophole related to ur position, that means once you go out of the "office" you cant go back in, that would be extremely rare, and they would need a damm gd reason to apply this. Maybe worth checking with the union rep, but from where I come from they cant do that and if this went to tribunal they would be in a look of trouble.
sent u a pm.x

hotblu

Hey mum2one,

The process was as follows, manager made recommendation for dismissal, went to their manager who dismissed. The department I work for have an internal appeals process, which means it will now be looked at by an internal appeal panel, one of whom should be higher than managers manager.
I am not going to lie and say I have been an angel, I haven't, and I went to appeal before and won, but they where very stern in saying further unsatisfactory attendance would result in dismissal if attendance didnt approve.
I improved attendance greatly and can prove via sickness history etc, but managers manager had severe dislike for me following successful appeal, hence bullied and harassed to the point I couldnt take it.
When I returned that's when they started breaking policies and statutory requirements :-(

Hotblu

Ps, PM'd you aswell x

mum2one wrote: »

Thats brilliant news re the restaurant, (I'm not jumping the gun just looking at the worst outcome)
without the fine print of contracts, and the ins and outs of the civil service, I can only go on my knowledge, and small bit of legal experioence (this is my opinion) in all honestly there not above the law, I think it applies in the contract element of law, the appeal process, basically reviews the evidence that would have been used in the decision to dismess you, the appeals process would need to be people higher in statue than the person who dismissed u, they ask questions, review the evidence but they can not bring new evidence in.

There may be a loophole related to ur position, that means once you go out of the "office" you cant go back in, that would be extremely rare, and they would need a damm gd reason to apply this. Maybe worth checking with the union rep, but from where I come from they cant do that and if this went to tribunal they would be in a look of trouble.
sent u a pm.x

Llyllyll

hotblu wrote: »

Hey Llyllyll,

Thank you for reply, honestly appreciated. Going to read through this week, then contact rep, got internal appeal in August... praying it's sorted then and wont need to go to Civil Service Appeals Board or Employment Tribrunal.

Hotblu

PM sent...