Anyone ever won an appeal.....

sho_me_da_money

On the basis the disciplinary procedure was not followed?

Irrespective of the details surrounding the case, is it possible to appeal on the sole grounds that a disciplinary procedure was not followed and win?

I guess I am looking to see what a ball park success rate is on this type of appeal.

Thanks,

BrettMorganxD

sho_me_da_money wrote: »

On the basis the disciplinary procedure was not followed?

Irrespective of the details surrounding the case, is it possible to appeal on the sole grounds that a disciplinary procedure was not followed and win?

I guess I am looking to see what a ball park success rate is on this type of appeal.

Thanks,

Well a while back I was unfairy dismissed but unlucky for me I was just under a year.

Anyway, the solicitor told me that a tribunal can award compensation soley on the grounds of not following the correct procedure. However, if it WAS the employee's fault they reduce the compensation anywhere up to 70%

TTC40

An appeal or tribunal?

You can win on the grounds of procedure not being followed - but if it's an appeal & you still work there they can correct it.

What was the outcome?

sho_me_da_money

The outcome for the Mrs was a FWW.

Its a bit of a mess. The bullying claim was completely dismissed as they did not have sufficient evidence to back the allegation. We on the other hand did and were able to defend it well.

They focussed primarily on a performance related issue and something they found in a video, which didn't conform to the standards expected from someone with her (wifes) experience.

Now the killer part is the original allegation implied a child was hurt due to lack of observation. However, the video footage used did not show this incident. Instead, they "found" a moment in the daywhere my Mrs was trying to calm a few kids down. They felt her way of doing this was inappropriate.

I have no idea how long before the accident this alleged malpractice took place. But the question is were they randomly looking to find something to pin on her?

In Feb, my wife had an appraisal where the manager decided my wife be afforded an opportunity to tidy up on her performance. They said they would review this 3 months later. However, no less than a month later, she has been handed a disciplinary.....

We believe:

1. The procedure was not followed until a few months later when an independent 3rd party HR company was brought onboard.

2. An investigation did not take place prior to the first disciplinary letter being delivered.

3. Insufficent time was given to her to prepare for the case. The first letter (without an investigation) was handed on a Friday for a disciplinary hearing to take place on a Monday.

4. The case was not heavily weighted to one side in favor of the claimaint. Witnesses were brought in to testify against my wife, yet no witnesses were brought in support of her.

5. Depending on the time they "found" this moment in the video footage, there is a potential issure surrounding DPA. They had no legal right to be viewing footage that was possibly hours before the childs accident took place.

6. The chairperson of the meetings was also a witness who testified against my wife AND in support of the person who lodged the bullying and harrassment claim. This proves an impartial view on this case was not taken.

7. The person who filed the false B+H claim was actually promoted into a senior role 1 week after filing the grievance. That position remains unchanged despite the result showing that the claim was unsupported.

8. The punishment does not fit the crime. An FWW was given to an employee who had a clean record of 5+ years on the basis she was incapable of calming down some children in a correct manner.

Yet just 8 months ago, a teacher was also given an FWW when a child escaped the back yard play area, went through the front yard, proceeded through the front gates and walked on the side walk until a passerby brought them back in......This matter was lodged in an Ofsted complaints report.

9. My wife was suspended on full pay 2 months after whilst on sick leave. Why wasnt she suspended back in March?

FYI, the company described this "calming down" practice as a SERIOUS MISCONDUCT. They did not consider it an act of Gross Misconduct.

sho_me_da_money

I was advised two things by 2 very different people:

1. We should not appeal as she is lucky to have her job and an appeal could lead to an overturn in the decision and result in dismissal.

2. We should appeal because based on the way this case was handled, a dismissal is absolutely impossible. Also an appeal (irrespective of the decision) acts as a safety net IF the company tried to pin something on her in the 12 months to follow. It would heavily go against wifey if she did not appeal and was later dismissed for something petty and tried to pursue a case of unfair/constructive dismissal.

dandelionclock30

You usually only have a few days like 5 or so to appeal a discliplinary hearing. How long ago was she issued the FWW? as you have mentioned this a while back.

sho_me_da_money

dandelionclock30 wrote: »

You usually only have a few days like 5 or so to appeal a discliplinary hearing. How long ago was she issued the FWW? as you have mentioned this a while back.

Friday last week. We have until Friday this week.

mynameistallulah

How many times ...

sho_me_da_money

mynameistallulah wrote: »

How many times ...

Yea how many times do you hijack a thread to troll and have nothing positive to say. Live your life by my signature

marybelle01

Answer to question. Appeals almost never win. And since you can't appeal a FWW to anyone else are a waste of time. An appeal cannot increase the penalty. But neither does a tribunal care how wifey got her FWW - if she puts a foot out of line she will be sacked and the tribunal won't consider history - only what she was sacked for.

Other than that, I'm going with tallulah (who is not a troll - she gives excellent advice her that some people never listen to) - do what you want, knock yourself out, because I haven't got the energy to argue about what you don't want to hear.

dandelionclock30

If you dont think they followed there own procedure, then appeal, but you will have to spell it out why you dont think they did with evidence.
They cant overturn the FWW and then dismiss you wife because she appealled.
If they dont overturn the FWW, then yes your wife can be dismissed for the slightest bit of misconduct, and they will have no comeback. A tribunal would look at did she do the last misconduct and was the procedure fair as the ACAS guidelines have stipulated.As far as I know they wouldnt look at whether it was unfair or harsh that she was put on the FWW.
It goes against you if you dont appeal a dismissal and then try to go to tribunal as you are supposed to exhaust the employers processes first. Also constructive dismissal is very hard to prove you need a lot of evidence and only 3% of employees win.
My union rep told me that a FWW was basically tellling you that you have to get out before you are sacked.