Problem at work - Won appeal - What now

Murtle

When you say they will hear the appeal fresh, do you know what is expected of you on the day? Do you have to reiterate your points or are they feeding back following their investigation?

M

(sorry for the all questions!)

spud30

They have been given a copy of the notes taken during the investigation and interviews leading up to my dismissal.

No, I haven't really been told what to expect on the day, just that they will hear y appeal in it's entirety and afresh.

Murtle

I think you need to ask them tomorrow what is happening on that day. They don't seem to be following any procedure if you are still unclear as to what is happening. Do you know the company procedure for appeals? It should be documented in your company handbook or on the intranet (if you colleague can get access to it?).

Did you speak to ACAS following your dismissal?

M

spud30

I did speak to ACAS before my dismissal, but they said I had to be dismissed and go through the appeal procedure, and if that didn't work, to ring em back.

kiwigirl

Spud,

Please just find an employment lawyer - even if it's putting your mind at rest and get some advice, sometimes your home insurance provider will pay for this, but as someone else stated first 30 mins free.

Mine asked me if I had made an official complaint - told him yes, he then said after 28 days I could take it further - told him I'd heard nothing about it after 4 months, then he sat up and took notice.

Get yourself a voice recorder too - when I had my investigation (to find out about me being bullied) I had my union rep (who took my employers side) the investigating officer and work's PA, none of them took my side, I have no records of what was said, although they have a tape recording and 2 scribers, just remember your friend may go off sick with this or they'll put some heat on her too. Just tell them that you've got this recording machine - they'll probably have theirs. Somehow I never got hold of the minutes in that meeting nor with HR... get my drift?

I'm still waiting for my reference, I'm still waiting for the investigation reports - although I should've had my hearing in February (my solicitor sorted a mutual gagging order and I left in May), I've now been told as the hearing didn't go on I don't need the reports! My colleague wasn't even asked his opinion on the matter and this was confirmed to me in an email from him after I had been told that a full and thorough investigation had been completed.

Good luck

KG

halloweenqueen_2

Good luck - hope it goes well!

spud30

Can anyone help me?

I've just received a letter with the decision following my appeal for unfair dismissal.

The decision was inapproprate and I have to contact them to make arrangements for a return to work.

I am over the moon that I won, but dont know what to do next. Basically, if I do return to work, I would be back working for the woman that sacked me.

She would make my life hell, I would imagine. :mad:

Is there anyone out there that can advise me what the hell to do next?

ZTD

spud30 wrote:

I am over the moon that I won, but dont know what to do next. Basically, if I do return to work, I would be back working for the woman that sacked me.

She would make my life hell, I would imagine. :mad:

Is there anyone out there that can advise me what the hell to do next?

Take a diary in your bag. If she starts, make a point of making an entry in that diary. Your employers will know that an employment tribunal will not be so kind to them, so the company will try to prevent it happening again.

She'll behave, otherwise she'll go before you do.

zzzLazyDaisy

Just caught up with this thread.

Firstly, Well, done for winning your appeal!

As someone else has said, keep a diary of EVERY comment, incident, etc.

If she oversteps the mark, lodge a grievance against her.

Do you know why the decision was deemed to be innapropriate?

If she puts a foot out of line, the suspension and dismissal could be used as evidence in the grievance that she is bullying/victimising you or otherwise 'has it in for you'.

Alternatively, do you have a good sick pay scheme? And a supportive GP? If so, you could consider going off sick with work related stress. You'd have good reason after what they have put you through, the company may even be willing to talk about giving you a pay-off and an agreed reference, if that is what you want.


Please note: I am an employment lawyer, however the above comments are given for information only and do not constitute advice.

wuckfit

speak to an employment lawyer/ union rep etc. you could be in a very strong position to walk out if she starts her tricks again and then claim constructive dismissal.

It's unlikely that on your return you will end up working with her again. in fact you may be able to try to make it a condition of your return that you don't.

but you really need to speak to an expert in employment law.