Please help - appeal letter

top_drawer_2

hello,

I am looking to appeal against a dismissal ....

this is the letter I have written -

I am writing to tell you that I wish to raise a grievance (and appeal my dismissal from ??).

This action is being considered with regard to the following circumstances: On 1st April I was dismissed on the grounds that my workmanship was of a poor standard. This related to the work I completed on at ??? between the dates of ? January – ? February of this year. I feel strongly that the work I completed was more than adequate; since I never visited the site following my departure from Swansea I cannot know to what standard subsequent work was completed too.

I believe that I have been treated harshly and wrongly blamed. Following my period of time in Swansea I was shown an email by a Manager of ? in recognition of the work that I completed on this particular contract. Furthermore, I greatly resent your accusation that I “fleeced you on overtime” I was separated during this time from my partner and child and was forced to use my own money in order to survive as a meagre £14 day allowance cannot possibly cover three adequate meals a day for someone working the hours demanded to finish this work within the deadline.

During my time of one year and eleven months with your company I have shown dedication and commitment ...
Based on these circumstances I am giving consideration to pursuing a claim for wrongful dismissal.
I am entitled to a hearing to discuss this matter; also I am entitled, if I wish, to be accompanied by another work colleague or my trade union representative.
Please reply within 14 days of the date of this letter.

Yours sincerely
Signed etc.

Thanks

TD

CFC

What is the subject of your grievance, it is not clear to me so I presume it will not be to them? And what is the actual substance of your appeal? (although note you do not need to put the substance of the appeal in the letter)

Sambucus_Nigra

Remind me - wasn't it a temporary contract?

p.s....don't send that letter - if you don't know what you are doing you should not be writing letters of appeal, and you can't put grievances in after someone's contract has been terminated.

ViolaLass

top_drawer wrote: »

Furthermore, I greatly resent your accusation that I “fleeced you on overtime” I was separated during this time from my partner and child and was forced to use my own money in order to survive as a meagre £14 day allowance cannot possibly cover three adequate meals a day for someone working the hours demanded to finish this work within the deadline.

What has the overtime got to do with you having to live elsewhere from your partner (I think this is what you meant)? And what's the relevance of the £14 to your complaint?

DVardysShadow

ViolaLass wrote: »

What has the overtime got to do with you having to live elsewhere from your partner (I think this is what you meant)? And what's the relevance of the £14 to your complaint?

Good point. Reading between the lines, it looks like a tacit admission that overtime was booked but not worked to make up a shortfall in expenses. Not a good one to take forward.

Sambucus_Nigra

None of it matters; the person was on a temporary contract with no end date.

Oldernotwiser

I thought you were a single student sharing a house?

Sambucus_Nigra

Oldernotwiser wrote: »

I thought you were a single student sharing a house?

It's not her - someone has asked for her advice on matters that [no offence TD] TD is not qualified to advise on.

top_drawer_2

Thanks for the comments.

CFC - I guess the substance is that he was wrongfully dismissed, his employer said due to his bad workmanship.

SB - He has spoken to ACAS who have advised him to put a grievance into his employer. He was employed one year and eleven months ago, the offer letter stated JOB TITLE (TEMPORARY) surely he can't be temporary for all this time. Wouldnt employers simply fall back on this all the time if that was so?

My friend has requested I write the letter as she is very upset at the moment about the whole issue.

ViolaLass - For the time he worked away on this contract (3 weeks) he had to live away from home and the daily rate his company offers is £14 to cover additional costs/meals. I think it shows how commited he is, and that he in no way "fleeced" anyone - if anything he lost money through the additional living costs.

DVardyShadow - All the contract was worked several hundred miles away from his home, he lived in a b & b for three weeks, the overtime was because the job HAD to finished to a very strict schedule. The overtime was most definitely worked in full. The manager has never challanged any aspect of the job until recently.

ONW - I actually graduated in September 2010 and am now working a McJob and trying to find something more longterm. I live in a shared house too.

TD

top_drawer_2

I really need some advice on this, my friend is in a desperate situation ... she is pregnant and has commitments etc and her husband has just been sacked from what they believed was a secure job. I know I'm not qualified to give advice but they cant afford a solicitor and, they have spoken to ACAS and they have said they need to write a letter raising a grievance but couldnt offer any further advice (despite asking) on how to do this/what to say specifically.

Thanks

KME91

The appeal letter needs to state quite clearly why the person making the decision to dismiss was incorrect, and include clear evidence to back this up. for example:
'....in the letter confirming my dismissal you stated that over the period of time when my output was monitored, I made 17 widgets a day where the target was 25 per day. This piece of evidence enclosed clearly shows that during that time I produced 27 widgets a day on average and I have highlighted several days where I produced more than 30. As the evidence shows I only dropped below the productivity requirements on one day. You will recall we had an extended fire evacuation on that day, as noted in this work record....'

or it needs to say '....your policy states that in order to dismiss someone the company must first follow these three steps.... Whilst you completed steps one and three you categorically failed to complete step two, as evidenced by this email response to my request for information on when the meeting required by step two would be happening....'

You either need to show with evidence that the reasons for dismissal are inaccurate, or that the dismissal process has not been followed correctly.