Please help - appeal letter

top_drawer_2

Does it matter that at the time of being offered the job it stated JOB TITLE (TEMP) on his offer letter?

Savvy_Sue

No. And yes, temps can be kept on, and on, and on ...

CFC

You mean that he is a temporary or fixed term contract worker?

The problem is that there needs to be grounds to appeal.

Eg
The process was not correctly followed
The evidence used was incorrect
The punishment was an unreasonable response.

A grievance is another matter entirely. You do not raise a grievance instead of an appeal although you may raise it at the same time.

Grounds for grievance eg
bullying
incorrect pay
failure to follow internal or external processes

top_drawer_2

CFC wrote: »

You mean that he is a temporary or fixed term contract worker?

The problem is that there needs to be grounds to appeal.

Eg
The process was not correctly followed
The evidence used was incorrect
The punishment was an unreasonable response.

A grievance is another matter entirely. You do not raise a grievance instead of an appeal although you may raise it at the same time.

Grounds for grievance eg
bullying
incorrect pay
failure to follow internal or external processes

No process seems to have been followed.

The evidence is that wrong in that how could he be responsible for an entire job when he only worked on it for the initial 3 weeks.

This is the letter redrafted ....


I am writing to tell you that I wish to raise and appeal my dismissal from your company on the grounds that the correct disciplinary procedure was not followed. Furthermore, that the evidence used was misleading in that I cannot be responsible for the end result since I only worked on this particular job between the dates of 17th Jan to 4th Feb.
I also wish to raise a grievance on the grounds of bullying and unfair treatment in that I seem to have been treated far more harshly than other colleagues who also worked on this contract. In addition to this I strongly dispute your accusation of “fleecing you out of overtime.”
Following my time in Swansea working on this contract I was shown an email by a Manager of ? in recognition of the high standard of work that I completed in the time I spent with them. During my time of one year and eleven months with your company I have shown dedication and commitment above and beyond that required of me and this has not been taken into account.
Based on these circumstances I am considering 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,

Googlewhacker

Have they got house insurance because if they have they might have legal cover in with this.

top_drawer_2

Not sure but will definitely check.

Sambucus_Nigra

If I got that letter - I could easily respond in 13 days with. 'ok' and that would answer it.

You are writing to tell them that you wish to 'raise an appeal'. So? And that you are considering a claim. Big deal!

This is why you should not be writing this letter - the person who was dismissed needs proper employment advice; and although you are trying to help - this really doesn't.

You also inferred earlier that they were fleecing them on overtime...so which is the case?

I also do not understand what the grievance is. If they had been bullied then where is the evidence to show this?

top_drawer_2

Sambucus_Nigra wrote: »

If I got that letter - I could easily respond in 13 days with. 'ok' and that would answer it.

You are writing to tell them that you wish to 'raise an appeal'. So? And that you are considering a claim. Big deal!

This is why you should not be writing this letter - the person who was dismissed needs proper employment advice; and although you are trying to help - this really doesn't.

You also inferred earlier that they were fleecing them on overtime...so which is the case?

I also do not understand what the grievance is. If they had been bullied then where is the evidence to show this?

I know its not perfect but I am doing my best, believe me its better than the emotive letter my friend wanted to send! They are also going to look into the cover on their house insurance so hopefully they may be able to get something on that.

I think its that I phased it wrong, like I said all overtime was worked - the point I was trying to make was that my OH was so committed that he willing spent his own money because his employer wanted him to work on this contract several hundred miles away from his home.

I think the evidence is that her OH has been sacked while other colleagues who also worked on this contract (in the same team and in subsequent work) have not been fired.

TD

LittleVoice

I note that the dismissal occurred 1 year and 11 months after commencement. It is at the two completed years point that rights to redundancy pay kick in. Is the business going through a bad patch? Is this dismissal actually to pre-empt the need for redundancy procedures?

top_drawer_2

This is what I thought..... but obviously they arent going to admit it. Other colleagues have been there longer than he has and it does seem suspicious. He is worried about references and the fact that he has lost his paid holiday (they had a hol booked for next month away in a caravan and his paternity) It seems so unfair.