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Advice Please- Employment Law.

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Comments

  • KayJ066
    KayJ066 Posts: 345 Forumite
    Because i didnt want you to think i was being mean..

    I can't see that you have?
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    OP here is a draft appeal letter for your sister to play about with.

    Dear Joe Bloggs

    Appeal against dismissal

    I refer to your letter of [date] informing me of the decision to terminate my employment with [name of employer] with effect from [date].

    I am writing to inform you that I wish to exercise my right of appeal against this decision. The reason for my appeal is that I believe the decision to dismiss me is unfair as the company did not take into account all relevant facts. In particularly:

    1) I feel that I have been unfairly singled out for different treatment compared to my colleagues. I am personally aware of other colleagues who have been given multiple final written warnings for absences and are still employed by the company.

    2) The final instance of absence was due to an injury sustained as a result of the recent severe weather conditions and was verified by my GP. This was entirely different in nature from my earlier absences, being an injury and therefore unlikely to be repeated.

    3) [insert anything else that might be relevant]

    I look forward to hearing from you with a date for the appeal hearing shortly.

    Yours etc



    Note - if your sister is advised by a union she should follow their advice on the appeal letter as the union will be familiar with the employer's procedures

    Also, although I have done my best with the information you have provided, my view remains that her chances of success are not very good (unless there is further info that we're not aware of).

    Nevertheless I wish her luck. Let us know what happens.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • KiKi
    KiKi Posts: 5,381 Forumite
    Part of the Furniture 1,000 Posts
    KayJ066 wrote: »
    I can't see that you have?

    I think he means that he posted something then thought it was mean, so he changed his mind and deleted it. But you can't have an empty post so he put full stops in it. :)

    (Am I right?!)
    ' <-- See that? It's called an apostrophe. It does not mean "hey, look out, here comes an S".
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    KiKi wrote: »
    I think he means that he posted something then thought it was mean, so he changed his mind and deleted it. But you can't have an empty post so he put full stops in it. :)

    (Am I right?!)

    Actually, for future reference, you can delete your own post in it's entirety - just go to edit and choose the delete button. It makes for strange reading though, if others have already replied to your post! :D
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • KiKi wrote: »
    I think he means that he posted something then thought it was mean, so he changed his mind and deleted it. But you can't have an empty post so he put full stops in it. :)

    (Am I right?!)

    Thats the one.. I feel the more it gets discussed will still not really have much of a bearing on the outcome. I do wonder if there isnt something else missing though and i dont want to keep mentioning about whats happened to others in the past doesn't really set precedent for this case.
    "If you no longer go for a gap, you are no longer a racing driver" - Ayrton Senna
  • dickydonkin
    dickydonkin Posts: 3,055 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I feel the more it gets discussed will still not really have much of a bearing on the outcome.

    It is probably unwise to predict the outcome of any hearing as none of us on here know the workplace, the managers or how sympathetic the company will be.

    Due to the fact it has got to the appeal stage, I know that only a few have a favourable outcome, although I have represented colleagues (a few years ago as a union branch official) who did have their dismissals overturned, but these were in the minority I'm afraid.

    But good luck to the OP's sister and I do hope there is a favourable outcome.
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