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How to write letter to appeal disciplinary outcome

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How to write letter to appeal disciplinary outcome

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od244051od244051
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This was the thread about dreading phoning in sick the third time https://forums.moneysavingexpert.com/showthread.php?t=6061408

I had my disciplinary 11 days ago and got first written warning - which lasts 12 months. My employer got rid of verbal 6 months warning, about 20 months ago.

I am not happy as manager didn't discuss into detail the first two sicknesses. Plus the manager that did the disciplinary said in the letter that I refused to go to work. There is a reason why I rejected work. I had laryngitis and struggled to talk. I could have moved from the tills to the shop floor. Problem is customers come up to me asking where's this, do we sell this etc. Have done shop floor work before, many times and you cannot escape customers asking questions. When got laryngitis, you should rest your voice! If I went to work, took a customer to where the product is without talking, customers will think I am rude! Plus I was coughing very very badly and unable to be productive. I was coughing so much, that I threw up on three times.

The third sickness was caused by my 2nd sickness. As I was low with sickness and diahorrea, I picked up this latest bug easily than if I didn't have S&D. I have not thrown up in 15 years, 3 years before I worked at my current employer. Even when I had gallstones issues, I felt very sick and never threw up. Gallbladder removed and not had any issues since.

The first sickness was UTI and worsening periods. I thought I was going to need some surgery because of the pains and worsening periods. Fortunately, changing medication and losing weight reduced this. Bad gyne problems are in both sides of my family. A cousin had to have a hysterectomy aged 30 due to worsening problems. I was admitted to hospital for o/n observations and scans the following day.

Member of a union. Unfortunately, the rep at my work is on holiday for several weeks. Ring the local office on Monday for advice

Then I got my letter 11 days after my disciplinary. Is this normal? Only got them for conduct issues before. I was on holiday for 4 days after the disciplinary, but I should have got the letter either on the day or first day back. The union will be very interested , in this!

I have a week to compose the letter, what should I put in the letter as its my first time of appealing an outcome from a disciplinary?
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  • What are you appealing, the severity of the sanction, the time its on your record, a failing of the process, what?

    What did your case statement address and were you accompanied by union rep?
    Don’t be a can’t, be a can.
  • edited 16 November 2019 at 7:56PM
    nicechapnicechap
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    edited 16 November 2019 at 7:56PM
    od244051 wrote: »
    This was the thread about dreading phoning in sick the third time https://forums.moneysavingexpert.com/showthread.php?t=6061408

    I had my disciplinary 11 days ago and got first written warning - which lasts 12 months. My employer got rid of verbal 6 months warning, about 20 months ago.

    I am not happy as manager didn't discuss into detail the first two sicknesses. Plus the manager that did the disciplinary said in the letter that I refused to go to work. There is a reason why I rejected work. I had laryngitis and struggled to talk. I could have moved from the tills to the shop floor. Problem is customers come up to me asking where's this, do we sell this etc. Have done shop floor work before, many times and you cannot escape customers asking questions. When got laryngitis, you should rest your voice! If I went to work, took a customer to where the product is without talking, customers will think I am rude! Plus I was coughing very very badly and unable to be productive. I was coughing so much, that I threw up on three times.

    The third sickness was caused by my 2nd sickness. As I was low with sickness and diahorrea, I picked up this latest bug easily than if I didn't have S&D. I have not thrown up in 15 years, 3 years before I worked at my current employer. Even when I had gallstones issues, I felt very sick and never threw up. Gallbladder removed and not had any issues since.

    The first sickness was UTI and worsening periods. I thought I was going to need some surgery because of the pains and worsening periods. Fortunately, changing medication and losing weight reduced this. Bad gyne problems are in both sides of my family. A cousin had to have a hysterectomy aged 30 due to worsening problems. I was admitted to hospital for o/n observations and scans the following day.

    Member of a union. Unfortunately, the rep at my work is on holiday for several weeks. Ring the local office on Monday for advice

    Then I got my letter 11 days after my disciplinary. Is this normal? Only got them for conduct issues before. I was on holiday for 4 days after the disciplinary, but I should have got the letter either on the day or first day back. The union will be very interested , in this!

    I have a week to compose the letter, what should I put in the letter as its my first time of appealing an outcome from a disciplinary?

    Is there anything factually incorrect in the letter? What is the effect of the sanction? A note on your file warning that any/ similar/ more sickness record for next 12 months may lead to dismissal? Do you believe that is wrong/ not fair?

    Definitely get onto your union on Monday, but try to understand what the purpose of the process is - to ensure you can do the job you are employed to do.
    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
  • edited 16 November 2019 at 8:03PM
    elsienelsien
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    edited 16 November 2019 at 8:03PM
    Stick to what is relevant. The huge amount of personal information about your first illness isn't.

    You need to understand that in some respects the reason for your absence is irrelevant. They are not saying you are faking it. They want people who are able to do the job and aren't going to have ongoing high levels of sickness. That's all.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • 74jax74jax
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    od244051 wrote: »
    This was the thread about dreading phoning in sick the third time https://forums.moneysavingexpert.com/showthread.php?t=6061408

    I had my disciplinary 11 days ago and got first written warning - which lasts 12 months.

    I am not happy as manager didn't discuss into detail the first two sicknesses. Plus the manager that did the disciplinary said in the letter that I refused to go to work. There is a reason why I rejected work. I had laryngitis and struggled to talk. .

    Member of a union. Unfortunately, the rep at my work is on holiday for several weeks. Ring the local office on Monday for advice

    Then I got my letter 11 days after my disciplinary. Is this normal? Only got them for conduct issues before. I was on holiday for 4 days after the disciplinary, but I should have got the letter either on the day or first day back. The union will be very interested , in this!

    I have a week to compose the letter, what should I put in the letter as its my first time of appealing an outcome from a disciplinary?

    I've cut out a lot of unnecessary info.

    What are you appealing? You say the outcome, do you believe you should not be sanctioned for 3 lots of sickness? Is that your appeal?
    Forty and fabulous, well that's what my cards say....
  • od244051od244051
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    ohreally wrote: »
    What are you appealing, the severity of the sanction, the time its on your record, a failing of the process, what?

    What did your case statement address and were you accompanied by union rep?

    I am appealing that the fact I am rarely ill and have been to work when I have struggled with a heavy cold before many times. At least I was able to talk during these times.

    Most of sicknesses I had since I started 12 years ago were from surgery. Another time a colleague rolled a heavy pallet onto my foot. Couldn't put any weight on it - bruised and very swollen. Doctors at A&E were shocked that I broke no bones - they thought min 2 bones would be broken
  • Ok, still irrelevant information.

    What was your case statement regarding management allegations, did you address all point by point?
    Were you represented at the hearing?

    Watch time as you are against a ticking clock?
    Don’t be a can’t, be a can.
  • 74jax74jax
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    So how many times have you been off.. Lyringitus, gynecology issues, s and d, a bruised foot and over 4 surgeries (you say most were surgery so I'm guessing more than these 4 times).

    Is this all in 12 years?
    Forty and fabulous, well that's what my cards say....
  • edited 17 November 2019 at 8:10AM
    BlatchfordBlatchford
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    edited 17 November 2019 at 8:10AM
    od244051 wrote: »
    I am appealing that the fact I am rarely ill and have been to work when I have struggled with a heavy cold before many times. At least I was able to talk during these times.

    Most of sicknesses I had since I started 12 years ago were from surgery. Another time a colleague rolled a heavy pallet onto my foot. Couldn't put any weight on it - bruised and very swollen. Doctors at A&E were shocked that I broke no bones - they thought min 2 bones would be broken
    All of that is entirely irrelevant. Bottom line, the only thing that matters is (a) how much time off have you had in relation to this warning and (b) what does your sickness policy say? If you have had too much sickness according to the sickness policy, the warning is fair in law. End of story. As Elsien said, it isn't personal, but it also doesn't matter about history. All that matters is did you take time off work for sickness.
  • edited 17 November 2019 at 6:24AM
    od244051od244051
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    edited 17 November 2019 at 6:24AM
    Blatchford wrote: »
    All of that is entirely irrelevant. Bottom line, the only thing that matters is (a) how much time off have you had in relation to this warning and (b) what does your sickness policy say? If toy have had too much sickness according to the sickness policy, the warning is fair in law. End of story. As Elsien said, it isn't personal, but it also doesn't matter about history. All that matters is did you take time off work for sickness.


    The things that annoyed me with the disciplinary were:
    . Didn't go into detail over first two sicknesses. For me being in bed, bent over with pain isn't me
    . The fact I never had S&D in 15 years
    . I did struggle with talking and my cough for two days before I rang in sick. On day before, I could not stop coughing and how could I be of any use/be productive if I couldn't stop coughing?

    For my third sickness, I was given very strong medication (two lots) and made me very very sleepy. There was no way I could go to work. One of those days, I was asleep for 19 hours - not like me. The GP first time gave me nothing and it was only 10 days later he prescribed them. My time off sick would been reduced if I was able to have the medication the first time of visiting the GP
  • od244051od244051
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    No-one has answered this question. Why it take 11 days to get my letter?
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