Dismissed! Appeal AND Greivance?

BISHOPS

Dear All,:hello:
I was dismissed not long ago . I know a little about employment law but need some advice.

I have lodged an appeal to my employer and have given them 2 weeks in which to respond.

The question is, If I am unhappy with the appeal result, do I need to raise a greivance after this to in order to qualify to go to Employment Tribunal?

I know appeals for dismissals are different to greivances, and greivances come with timelines etc.. so just wondering if there are any people in the know out there about this.

Does it affect anything if I don't lodge a greivance and go straight to E.T.?

Anyone in HR or employment law who are in the know?

Thanks in advance.
Bish

BISHOPS

Wondered if this was required by law, or expected somehow by the Employment Tribunal. They are two different and distinct things, one with a time limit (greivance) and seemingly more formal, the other without (appeal).

Sambucus_Nigra

I don't think you can put a grievance in if you don't work there any more.

Uncertain

Sambucus_Nigra wrote: »

I don't think you can put a grievance in if you don't work there any more.

Yes you can!

SarEl

You can make a claim from the moment of dismissal - you do not have to appeal (although you should unless you want to risk a penalty for not doing so) and you do not have to wait for the outcome of the appeal to claim because you can say that you have appealed. I am only a little bemused by the basis of the appeal - I assume that you have alleged sex discrimination at an earlier stage, because these would be unusual grounds for an appeal against dismissal per se.

SarEl

PS - Although you can claim sex discrimination from day 1 of employment, it would be necessary for you to prove sex discrimination in the first instance, and unless there is a very specific and clear individual incident, this would generally require a body of evidence collected over a period of time. I only mention this because it would appear that you have been in work for three months or less (you were out of work in April - previous posts). I do not wish to suggest that you don't know what you are doing - but are you sure that you know what you are doing? because sex discrimination claims are far from easy to win.

Jarndyce

And no, you do not have to have submitted a grievance. You may be getting confused with the old statutory disciplinary and grievance procedures, which required grievances to be submitted before some ET claims could be made, but these were repealed in 2009.

I too am confused about the nature of your appeal - I wouild suggest that you get some advice on the content of your ET1 claim before you submit it.

BISHOPS

Thanks for all of your advice gang,
Circumstances are that I took a job, had 9 weeks of hell in an all female department (I am male), where my work was unfairly picked on as someone in charge of me didn't take a shine to me. I was chucked out on the basis of percieved issues (in admin) with my work that my female colleagues were not chucked out or even disciplined for even though they had the same or worse percieved issues (and in fact these issues did not really exist - was all the perception of an individual - not related to company standards).

Re: "...a body of evidence collected over a period of time" - I took home examples of of their work and of my work and made notes of everything that happened in that place, and can show by comparing examples of their and my work that I was dismissed for things which they were not. OK it is a short period of time, but it is sex discrimination none the less. Intention doesn't matter in such cases, tis whether I was treated differently (to my disadvantage), and I was.
Thanks

ILW

BISHOPS wrote: »

Thanks for all of your advice gang,
Circumstances are that I took a job, had 9 weeks of hell in an all female department (I am male), where my work was unfairly picked on as someone in charge of me didn't take a shine to me. I was chucked out on the basis of percieved issues (in admin) with my work that my female colleagues were not chucked out or even disciplined for even though they had the same or worse percieved issues (and in fact these issues did not really exist - was all the perception of an individual - not related to company standards).

Re: "...a body of evidence collected over a period of time" - I took home examples of of their work and of my work and made notes of everything that happened in that place, and can show by comparing examples of their and my work that I was dismissed for things which they were not. OK it is a short period of time, but it is sex discrimination none the less. Intention doesn't matter in such cases, tis whether I was treated differently (to my disadvantage), and I was.
Thanks

All sounds a bit weird to me. Are you sure it was sex discrimination or is there something else?

Forwandert

BISHOPS wrote: »

Thanks for all of your advice gang,
Circumstances are that I took a job, had 9 weeks of hell in an all female department (I am male), where my work was unfairly picked on as someone in charge of me didn't take a shine to me. I was chucked out on the basis of percieved issues (in admin) with my work that my female colleagues were not chucked out or even disciplined for even though they had the same or worse percieved issues (and in fact these issues did not really exist - was all the perception of an individual - not related to company standards).

Re: "...a body of evidence collected over a period of time" - I took home examples of of their work and of my work and made notes of everything that happened in that place, and can show by comparing examples of their and my work that I was dismissed for things which they were not. OK it is a short period of time, but it is sex discrimination none the less. Intention doesn't matter in such cases, tis whether I was treated differently (to my disadvantage), and I was.
Thanks

I don't see the sex discrimination in your post, i maybe see discrimination against the 'new person' but just because you're the only man doesn't neccesarily mean you were discriminated against because of your gender.

SarEl

Did you make complaints at the time? Did you get permission to take material from the office or did you steal it - and yes, I did mean to say steal. Because evidence obtained by theft (taking without permission) is inadmissible. And that is just the start of the flaws. Again - are you sure you know what you are doing?