disciplinary help please - SUSPENDED!!!

T800

Yes your girlfriend can appeal - you should have had details of how to lodge an appeal when you were notified in writing about the outcome/findings. Be wary of not appealing within the time frame, and then they have the opportunity to continue the disciplinary against her afterwards.

longwalks1

cheers T800, i tihnk she said it was 5 working days to appeal, would this be right? (not with her tonight so cant ask her what they said)

Also, would it be a simple short and sharp letter stating you appeal, or deatil everything pretty much as we done in the first grievance

Thanks again

T800

britishboy wrote: »

cheers T800, i tihnk she said it was 5 working days to appeal, would this be right? (not with her tonight so cant ask her what they said)

Also, would it be a simple short and sharp letter stating you appeal, or deatil everything pretty much as we done in the first grievance

Thanks again

It is best just to write stating that you wish to appeal the decision. I used recorded delivery to prove they received it within the time period.

They must then arrange a meeting to discuss the appeal.

It is up to you how much you wish to put into the appeal letter, best keep it short and to the point in my own view. Dont feel intimidated that they have not upheld her grievance - same happened to me, they then made a mess up of my appeal, and settled handsomely when my tribunal action letter fell on their mat.

longwalks1

another update

sent off a letter appealing, and got one back saying it is Tuesday 27th July, what will actually happen in the appeal? GF isnt member of a union and hanst got a fellow colleague to take in with her, can anyone sit in, or it got to be either a work friend or union rep?

Also can this date be changed as we have something on that day? if so, how do we change it

And finally, what happens if they poo poo the appeal and basically tell her they're not gonna do anything about it (like they did in the grievance), whats the next step?

thanks again everyone

longwalks1

T800 wrote: »

It is best just to write stating that you wish to appeal the decision. I used recorded delivery to prove they received it within the time period.

They must then arrange a meeting to discuss the appeal.

It is up to you how much you wish to put into the appeal letter, best keep it short and to the point in my own view. Dont feel intimidated that they have not upheld her grievance - same happened to me, they then made a mess up of my appeal, and settled handsomely when my tribunal action letter fell on their mat.

Thanks again T800, we sent letter recorded delivery and got an appeal date of Tues 27th, what basically happens in it?

Pleased for you that they settled handsomly, we're kinda hoping the same They've made so many mistakes its laughable

SarEl

britishboy wrote: »

another update

sent off a letter appealing, and got one back saying it is Tuesday 27th July, what will actually happen in the appeal? GF isnt member of a union and hanst got a fellow colleague to take in with her, can anyone sit in, or it got to be either a work friend or union rep?

Also can this date be changed as we have something on that day? if so, how do we change it

And finally, what happens if they poo poo the appeal and basically tell her they're not gonna do anything about it (like they did in the grievance), whats the next step?

thanks again everyone

If you need to rearrange the date then you must ask for that (although they do not have to agree). Usual rules for accompaniment - work colleague or union rep unless mutually agreed otherwise. And I am afraid that's it. An appeal on a grievance is the final step. If they reject it then if she has cause, it's resign and claim constructive dismissal - an action that nobody in employment law would recommend as any of the first 1003 options

longwalks1

Thanks again SarlE

So if she goes to the appeal, and they pretty much ignore her complaints, or throw it out, she has no other options? And should she say anytihng at the end of the appeal if it doesnt go her way? (should she mention constructive dismissal or a tribunial?)

Thanks again for your help and support

SarEl

Sorry for the delay - had to read the whole thread again! Honestlly? Really? You won't like it! Keep her mouth shut and accept it. The employer was heavy handed - but they didn't do anything in law that was wrong. So she hasn't a case of constructive dismissal. Not one that would win - and most don't. How this all originated is interesting. It shows an equally heavy hand. They haven't done anything wrong but in their position I'd have been tempted to knock a few heads and forget it! It is now way out of all proportion to "handbags at ten paces". My advice would be to hang fire, and let the employer do their worst - literally. If they were to dismiss I think their case is weak, If they don't, then it may require some humble pie, but given the jobs sitiation at the mo - I think I'd recommend it. Going to law is never easy (and for a start off there's no legal representation), it's all risky in this case (I couldn't say you would win), it's stressful and it takes for ever. It isn't an option that is palatable, but sometimes life isn't. Sorry.

Mischa8

SarEl wrote: »

Sorry for the delay - had to read the whole thread again! Honestlly? Really? You won't like it! Keep her mouth shut and accept it. The employer was heavy handed - but they didn't do anything in law that was wrong. So she hasn't a case of constructive dismissal. Not one that would win - and most don't. How this all originated is interesting. It shows an equally heavy hand. They haven't done anything wrong but in their position I'd have been tempted to knock a few heads and forget it! It is now way out of all proportion to "handbags at ten paces". My advice would be to hang fire, and let the employer do their worst - literally. If they were to dismiss I think their case is weak, If they don't, then it may require some humble pie, but given the jobs sitiation at the mo - I think I'd recommend it. Going to law is never easy (and for a start off there's no legal representation), it's all risky in this case (I couldn't say you would win), it's stressful and it takes for ever. It isn't an option that is palatable, but sometimes life isn't. Sorry.

Come to this one very late. ITA with what SarEl has said, the employers did nothing illegal. If anything the HR people are the ones who could have sorted this out properly rather than there being scraps between 2 ladies.

I'm unsure as to what your GF wants to do Britishboy, but in this shaky job environment/recession then I'd be tempted to tell her to just stay at her job (if she can stick it), keep her head down and ignore any silly gossipy colleague.

I work in a solicitors and have seen a few employment cases so far and yes, trust me, you need hard evidence and proper dismissal etc for it to be any sort of worthwhile using a solicitor. CAB will most likely tell you the same story.