right to appeal?

my-other-username-is-cool

okay then,here goes

i worked for royal mail for about 6 years
i have/had an eye problem that meant i had sick absences (with doctors lines)
i fell foul of the RM sickness policy
stage 2 was triggered by 1 day over the 10 days allowed
stage 3 was triggered by 2 absences

so fair enough thats the rules
however on getting my stage 3 and notice ,i was informed of my right to appeal in writing with 3 working days of the meeting
i handed this letter in (no proof of delivery)on the 3rd working day after my meeting (days off before)
heard nothing about any appeal (though officially it can take 8 weeks IIRC)
i have now left RM,so sent a special delivery letter requesting a date for my appeal in 7 days from receipt

they corrupted the track so it didnt update as delivered(i have finally got proof of delivery from RM CS)

so my question is, (sorry for the long post)
is it an employment right to get an appeal to the decision?
if so what is my way forward from here? contact ACAS?

thanks

Horace

Were you dismissed on incapability grounds or did you leave of your own accord?

If you went through the disciplinary procedure and were given an outcome then you do have the right of appeal...you should have been given a copy of the disciplinary procedure and it will tell you on there the time frame in which you have to appeal any unsatisfactory outcomes.

Emmzi

I'd find custardy, he seems to be the expert on RM procedure.

I'd also call the employee helpline.

my-other-username-is-cool

hi there,i was dismiised under the disciplinery procedure
from memory its states an appeal should be lodged within 3 working days of the meeeting (as i did) but appeals made outside this procedure may be considered by the appeals officer

during my notice period i was pretty much ostracised by the management in the office,so it comes as no surprise they would be awkward
would it be worthwhile contacting HR or the regional manager? or am i better just now going via ACAS with a view to unfair dismissal?

Emmzi

HR, regional manager and union rep/ ACAS at the same time.

Do it FAST i.e. today as you are outside time period. Tell them WHY you are outside the timescale. Ask for occ. health referal. Send one first class and one signed for to both HR and ragional manager.

my-other-username-is-cool

okay an update,sorry for the delay
RM responded to ACAS and said that my letters of appeal didnt have all the required information
however this isnt true going by the letter of dismissal i was supplied,
paraphrasing it states you must submit a letter that you want to appeal and if accepted you will be supplied with a time/date and place by an appeals manager
even if it were true they had 4+ weeks of me working notice to inform me of this,then another opportunity to respond to my second letter.
also they told ACAS they had called me,left voicemail and sent a letter to me
none of this is true

anyway i have now sent in a letter covering all of the conditions they say i had to put in the letter (according ot ACAS/RM) and i have given them a deadline of next Friday to respond in writing

so we shall see
even if i get an appeal hearing now i am thinking the chances of a 'fair' appeal is slim?
also what happens regarding my time not working for RM?
i take it i dont get paid as i wasnt working but what happens with holiday entitlement etc and would my sickness record run concurrent?
eg when issued my stage 3/dismissal the other RM option is to revert to a stage 2
so would it revert to a stage 2 from that date?

cheers

my-other-username-is-cool

well then,got a letter from the appeals manager today
they are now blaming the failure to get an appeal on a clerical error,which is a different story to what they told ACAS
so,the appeals manager is away in Belfast till Friday and is awaiting my papers to be brought from 'archive' to him

so one step closer.
anyone any input to my questions in my previous post?

cheers

tallrider

All the answers to the questions above depend on whether the appeal is succesful or not. If not you have already been dismissed so holidays accrued until date of dismissal, as will pay.

my-other-username-is-cool

tallrider wrote: »

All the answers to the questions above depend on whether the appeal is succesful or not. If not you have already been dismissed so holidays accrued until date of dismissal, as will pay.

thanks for the reply
yeah sorry i meant if my appeal was successful,where would i stand from there
more so now if they are saying i should have got my appeal but didnt due to their error(s)

tallrider

The appeal is only for the last disaplinary, so
if the appeal is sucessful you would be back
down to stage 2.

In terms of pay and holiday, you should
be paid normal pay normal holiday accrual as it was their mistake, they may however take the gamble just to reinstate you and see if you take just that.

my-other-username-is-cool

tallrider wrote: »

The appeal is only for the last disaplinary, so
if the appeal is sucessful you would be back
down to stage 2.

In terms of pay and holiday, you should
be paid normal pay normal holiday accrual as it was their mistake, they may however take the gamble just to reinstate you and see if you take just that.

ah cheers for that,i wont be taking just my job back if thats the case
in real terms even if i get my job back i have no future in RM
i would be a marked man in the office and since i have left the management are cracking down on everyone
staff are being hit for anything they can
however a little bit of cash coming in while i sort out what im doing wouldnt hurt