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Appeal meeting following dismissal

2

Comments

  • Hi everyone,

    Thank you for your replies.

    I believe my union will cover the fees yes, including legal fees and those which are payable just to get to tribunal. Which is great!

    I never received any paperwork before or after either meeting (only a letter which stated reasons for dismissal), and never had any warning the meetings were going to take place. My dismissal letter was in a sealed envelope before I even entered the room, so they definitely were not going to listen to my side of things. They got me to the dismissal meeting under false pretences also!

    I didnt know it was a disciplinary after the initial meeting, only after I was sacked and discussed with my union did I realise this is what it was, as I was threatened with dismissal there and then. I may sound naive but I've never been treated in this way in 20 odd years of employment and really didnt know the magnitude of what was happening. And no, I didnt receive any notification of the outcome. I received my contract only a week before I was sacked if I had had it sooner I would have realised I could have perhaps appealed etc. But hey ho. I was only employed for a few months and so know my rights are limited anyway.

    Thanks everyone.
  • BoJangles_2
    BoJangles_2 Posts: 878 Forumite
    I didnt know it was a disciplinary after the initial meeting, only after I was sacked and discussed with my union did I realise this is what it was, as I was threatened with dismissal there and then. I may sound naive but I've never been treated in this way in 20 odd years of employment and really didnt know the magnitude of what was happening. And no, I didnt receive any notification of the outcome. I received my contract only a week before I was sacked if I had had it sooner I would have realised I could have perhaps appealed etc. But hey ho. I was only employed for a few months and so know my rights are limited anyway.

    Don't you have to be working at a place for 2 years before normal 'rights' come into play?
  • lincroft1710
    lincroft1710 Posts: 19,196 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    With less than 2 years employment, your employers don't need a reason to dismiss you. Waste of time and more importantly, money, taking them to a Tribunal.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • tomtontom
    tomtontom Posts: 7,929 Forumite
    With less than 2 years employment, your employers don't need a reason to dismiss you. Waste of time and more importantly, money, taking them to a Tribunal.

    Indeed, I'm wondering why the union are drawing this out when there is nothing to be gained.

    OP, is there anything more to this? Are you disabled for instance, or another protected characteristic?
  • Southend1
    Southend1 Posts: 3,362 Forumite
    Ninth Anniversary 1,000 Posts Combo Breaker
    As tomtontom says, it could be related to a protected characteristic.
  • Undervalued
    Undervalued Posts: 9,803 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Southend1 wrote: »
    As tomtontom says, it could be related to a protected characteristic.

    If (and it is a big if) the firm has a contractual disciplinary procedure (most are not) and they fail to follow it to the letter the OP would have a valid WRONGFUL dismissal claim for which there is no qualifying period.
  • Hi.

    Yes, I understand that under 'usual' circumstances unfair dismissal does not come into play until you've been employed for two years.

    However, there are other issues over health and safety and working time regulations that come into play here. Namely I complained and I was sacked shortly after. Unfair dismissal under these circumstances applies irrespective of how long you work somewhere.

    Solicitor feels I have a case and the unions legal team are currently looking into this.

    I didnt mention this earlier as I was initially just looking for advice over the appropriate length of time to wait to hear a decision following an appeal meeting. But really do appreciate all of your comments. All a big help.
  • Unfortunately whilst my firm did have their own disciplinary procedure, it was not contractual.
  • kazzah
    kazzah Posts: 460 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    my hubby was in a similar situation - refused to falsify outcomes for a third party funding partner and was dismissed 2 weeks before his 1 year
    ( at that time) qualifying period was up.

    He applied for and was granted a tribunal hearing - which his employers dragged out for over 18 months claiming the Chief executive had a stroke, left the company, didn't inform the trustees about the claim etc etc ........................and at the end of it all got a £1000 payment

    I can honestly say - it was NOT worth the hassle - and that was with a very good friend who is a specialised employment lawyer running the claim and paid for by our household insurance
    it is rare for tribunals to re-instate employees and I would ask the OP what they want to get out of the whole process

    it was long winded, extremely annoying because the employers lied ( as they are inclined to do) about their internal processes - despite us having paperwork supporting the fact hubby was not dismissed correctly in terms of their own protocol

    and he got !!!!!! all out of it..................apart from stress..........
    sometimes - you can't beat them, so you need to move on for your own sanity

    the GOOD news for hubby was that someone else informed the third party funders about their concerns regarding falsified reports and the local council and the third party funders withdrew their financial support and the whole organisation folded under a dark cloud of suspicion and gossip - so he was able to move on with a clear conscience to a new post
  • BoJangles_2
    BoJangles_2 Posts: 878 Forumite
    Good luck OP.....
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