Appeal advice after dismissal

Tracey1973

Hi all i need some urgent advice please!!!

M:eek:y nephew has been sacked after suspension,but as got 5 days to appeal.Can anyone help us put a letter together.I have searched internet for a standard template but had no joy.He as asked me to help him but never been in this position so unsure where to start.We have to do the letter tomorrow so he can post,they must receive it by tues or his time is up.The union have told him that he has a case because they feel the reasons for dismissal are very harsh,i can not go into much detail due to family seeing this post.He has been with the supermarket for exactly 3years with no previous problems at all no other warnings.:eek:

Maxjessdru

try this one:

(name, address, date)

Dear...............

On (date of employer's letter to employee) I was informed that (name of employer) had decided to dismiss me.

I would like to appeal against this decision.

I wish the following information to be taken into account (state reasons, mitigation, justification, etc., which might benefit from expansion/further detail or perspective, evidence, etc., compared to previous letter)

Please reply within (timescale as appropriate - max 28 days, less if practicable) from the date of this letter.

Yours sincerely, etc.

DVardysShadow

Maxjessdru wrote: »

try this one:

...

Agree. The other thing to consider is whether the procedure was correct. For example, if he was not given the opportunity to have a colleague or a union rep present, then he has not been fairly dismissed.

Tracey1973

Thanks for your speedy responses we are very gratful.The correct procedure was carried out he had the union to represent him.He as been advised by only a friend may i add,that he loses all entitlement to any hours owned in lieu and holiday pay is this right????find this very unfair if it true.

DVardysShadow

No, he should receive all holiday pay and pay for hours in lieu in full. He has 3 months from dismissal to lodge the claim with the Employment Tribunal - and I would recommend he does this more or less straight away [subject to union advice] as employers tend to string out the appeals process beyond the Employment Tribunal time limit.

Tracey1973

DVardysShadow wrote: »

No, he should receive all holiday pay and pay for hours in lieu in full. He has 3 months from dismissal to lodge the claim with the Employment Tribunal - and I would recommend he does this more or less straight away [subject to union advice] as employers tend to string out the appeals process beyond the Employment Tribunal time limit.

I have just wrote his appeal thanks for the help on here.On his letter of dismissal it states "you will be paid up to and including the date of dismissal,however no payment will be made in lieu of notice.You will receive any outstanding holiday pay.Does this mean he wont get the money from when he 1st started the job? also lieu hours owed???:eek:

jobbingmusician

Lieu hours - if these are paid overtime he should get them, but if they are discretionary payments he may not. I don't understand 'the money from when he 1st started the job' - he should be paid for the time he has worked, plus any holiday time he has accrued since then, up until his date of dismissal.

The union feels his dismissal was harsh, you say. Are there any other instances where employees have done the same wrong thing, but have not been dismissed? Have you a copy of the supermarket's disciplinary policy?

Sambucus_Nigra

Why are you not getting advice from the union, which I assume he has actually paid for? They should be helping with an appeal.

Tracey1973

jobbingmusician wrote: »

Lieu hours - if these are paid overtime he should get them, but if they are discretionary payments he may not. I don't understand 'the money from when he 1st started the job' - he should be paid for the time he has worked, plus any holiday time he has accrued since then, up until his date of dismissal.

The union feels his dismissal was harsh, you say. Are there any other instances where employees have done the same wrong thing, but have not been dismissed? Have you a copy of the supermarket's disciplinary policy?

sorry I mean when you start a job you usually have to work a month in hand before you get paid,then when you leave this is paid.The extra hours he is owed are from what he had worked over a period of time,rather than the shop pay him he can take time back.:T

Tracey1973

Sambucus_Nigra wrote: »

Why are you not getting advice from the union, which I assume he has actually paid for? They should be helping with an appeal.

the union have told him to do a appeal letter dont really know why they are not doing it for him.I used to work for the same store as a manager for 10yrs so they told him to ask me,but i never actually dealt with anything like this in all those years hence why im asking for help.I have done the appeal letter today and posted it recorded so will have to see how it goes.:)

Caroline_a

He will get any wages that he has earned until the day that he was dismissed - so, for example, if he was dismissed on the 10th day after he was last paid up to he will get 10 days. He will also get any accrued holiday pay up to the date he left, so if he would have been entitled to 20 days holday a year and he had worked 6 months for them, he will get 10 days holiday pay, less any holidays he has already taken.

I would say that if he hasnt worked there more than a year then, unless correct procedure wasnt followed, he has little chance in an appeal unless the facts were wrong or misrepresented.