Appeal meeting following dismissal

chickenpie81

Hi,

I am hoping someone can give me some advice!?!

I was recently dismissed from my job, I believe this was unfair both in terms of their reasoning and the way in which my employer handled the whole situation.

I attended an appeal meeting two weeks ago, but am yet to hear anything back. I am planning on taking them to an employment tribunal for unfair dismissal but I only have 3 months in which to do this, and this ends mid May, and will have to go through the ACAS process first.

So, does anyone know how long these things normally take (I know its kinda asking how long a piece of string is)? Or what could be classed as a reasonable amount of time for them to respond?

Also, my dismissal and previous disciplinary meeting were carried out outside of their own disciplinary procedure, e.g. didn't give me warning of either meeting, no chance for representation, no chance to put across my views, never received anything in writing etc. etc. Will this be taken into account/be favourable at a tribunal?

I've been in touch with my union but they arent much cop to be honest.

Any thoughts appreciated, thanks.

mlp

So... an employment tribunal will consider questions such as:

* what was the employee's disciplinary record like?
* if believed to be related, what was the sickness record like?

They will look at the process that has been followed. If, as you say, the company have not followed their own disciplinary procedures by not giving the correct notice periods, not allowing you representation, etc, then this is likely to work in your favour.

How long have they said you'd need to wait for an outcome from your appeal meeting?

chickenpie81

Thanks for your reply.

Sickness isnt a consideration here.

They stated in the meeting I would get a copy of the minutes from the meeting the following day, and would hear in a week or so. Its now two weeks since the meeting.

Union advised me not to contact them. But not sure if that seems right. An email couldn't hurt, right?

chickenpie81

Oh meant to say in regards to disciplinary record, I had one disciplinary meeting in my time there a few weeks before I was dismissed. Again no notice or chance for representation. Didnt even know it was a disciplinary until union advised so. Would have appealed if I had known, as was unfair and inappropriate. But never got that chance.

Annisele

Without knowing why your union advised you not to contact them, I don't know if an email could hurt. In your shoes, I'd be very tempted to call my union for further advice before I did anything.

chickenpie81

He just felt it wasn't appropriate, and to ride it out. I think I'll call them again tomorrow and see if they feel differently now.

Thanks.

Southend1

You need to be talking to your union rep first thing in the morning. If you are going to lodge a tribunal claim you may well need to do so before the appeal process is exhausted, due to the time limits. I believe the new acas early conciliation stops the clock on the time for tribunal claims so it may also be worth starting that process ASAP. Your union is best placed to advise.

When_the_going_gets_tough

Op how long have you worked for them? Remember that once you apply for early conciliation it effectively stops the clock on the 3 month period until you get the results, but you do need to know what you will be claiming when you apply for early conciliation so worth thinking about that now.

jobbingmusician

Do you have the paperwork calling you to (what turned out to be a) disciplinary?

My understanding is

a) If they didn't advise you it was a disciplinary, and of your right to be accompanied, it was automatically an unfair dismissal

b) Some employers are skilled at slow responses which encourage the employee to miss the deadline for tribunal application

c) Southend's advice is excellent (and there is other good advice above)

d) Unions generally need a good kick up the proverbial!

When you say you had another disc meeting a while before the final one, what was the outcome of this? Did you know it was a disc AFTER the meeting, even? Did you receive any notification of the outcome?

Marktheshark

Can you afford the Fees for the tribunal.

Southend1

Marktheshark wrote: »

Can you afford the Fees for the tribunal.

OP should check with her union whether they will cover tribunal fees