Problem at work - Won appeal - What now

sashacat

Don't resign...it's what they want. Hold on in there and whatever the outcome ( unless you are exonerated) appeal. If you are dismissed go to the CAB and ask them to issue a claim for unfair dismissal. Your employer will probably not want to go to tribunal as they may lose and, anyway, the lawers costs are high. In my experience...first hand as a chief exec. ....they will offer to settle. They have to agree to having ACAS involved and they go for a settlement figure. You have nothing to lose by this as all it will cost you is a second class stamp. If you resign you will not get benefits for some time..stick with it, believe me they want you to resign...I always did as it made life easier and was less messy.

Murtle

If you can fight it (and it sounds like there maybe a possibility) then do that. It's not as bad as it sounds and it will make you feel slightly better in the long run. I was made redundant and claimed unfair dismissal, it was reviewed and they agreed with me. Luckily I didn't have to stay as that would have been unbearable, but they paid me more money to go Good luck

x

Edited to add, don't quit - make them go all the way!!!

eggman

I'm not an expert but have come across this in my old place of work.

Firstly do not resign this would only be of benefit to your employer.

Contact Acas who are very good in these types of cases and try and see what rights you have.

Your employer should have a disciplinary procedure/policy and should have followed this to the letter.

Suspending you for 4 months is un-reasonable even with pay as that is too long to take for them to investigate whatever you have done.

Too be honest even if you are cleared it's un-likely they will want you back now that you are out as it would be un-comfortable for them so I would imagine it quite likely they would want to pay you off.

Hope this helps but I cannot stress enough that you should not quit.

bargainbetty

Hi Spud,

I'm with those who say dn't quit. Get ACAS involved, and make sure you have a witness at the hearings/meetings from now on. You would also be entitled to ask for a tape recording to be made of the meeting.

If they have formally invited you to a hearing to determine misconduct, ask for advance notice of any evidence they wish to present against you, to enable you to prepare a proper defence. Demand copies of any statements, documents, evidence of damage to the co etc, and then fight every damn word.

If you are fired, claim unfair dismissal and demand a tribunal.

If you are exonerated, resign and claim constructive dismissal. They have forced you out, but by hell go on your own terms. I have recently seen claims for this go up to £55k + more when punitive damages have been requested.

Good luck hon - I worked for an a***hole for four years, and I too am a much nicer person for being out!

LookingAhead

I can only echo what has been said and that is don't resign!!!!!

spud30

Thanks LA.

Typical ehh...just join the debt free and fat free wannabees and this happens.

So wanted comfort food today, but didn't !!

LookingAhead

spud30 wrote:

Thanks LA.

Typical ehh...just join the debt free and fat free wannabees and this happens.

So wanted comfort food today, but didn't !!

Hey come on.....don't be down.

You've taken two REALLY positive steps by joining DFW & FFW. You are now armed and dangerous!

You are building a better future, both financially (you will get another job and potentially a pay off from the job you don't want to go back to anyway ) and more importantly, you are building a better body and forging new relationships with your children.

Try and turn this around...it could be the start of something big....and it won't be your bottom

Oh and WELL DONE on not succumbing to the comfort food. But anyway, who says you can't have comfort food? It just has to be different sorts of comfort food. Strangely mine is carrots & hummus which is lovely & healthy!

Is there any sort of fruit or veg or healthy dip you like...? (Maybe this would be better on the FFW thread!!)

beanielou

Sorry to hear of your situation
Do NOT resign.
Contact ACAS and also try to speak to an employment specialist at CAB ASAP.
Re refs employers have to be very very careful about what they write in them.
HTH.

spud30

I'm OK LA.

Its irritating that I have just got my backside in gear (yes, all of it) in two aspects of my life then summat else goes pear shaped.

I've known for months it was coming, but still sad when it does.

LookingAhead

spud30 wrote:

I'm OK LA.

Its irritating that I have just got my backside in gear (yes, all of it) in two aspects of my life then summat else goes pear shaped.

I've known for months it was coming, but still sad when it does.

Ahh yes, I worked out a long time ago that all slices of life's "pie" (sorry to bring up food again! :eek: ) are never equal are they?

Well, just think, if they were we'd be bored with no challenges! :rotfl: