Suspended, gross misconduct & looking for advice.

JReacher1

On the actual appeal you just write in a letter or email what your grounds for appeal are. This will probably then be reviewed by a senior manager in an appeal meeting and a decision will be made whether or not to uphold the original decision.

[Deleted User]

Forum_Name wrote: »

The reference was one of the first things i thought of actually.
And how do you even address that without finding out the hard way (or is that the only way)?
Hi, thanks for the employment, sorry it didn't work out, by the way what would you say in my reference if a new employer asked you for one? Bit awkward and probably not the way to do it.

I know when my brother (nearing 10 yrs of service) and cousin (9 months service) on appeal were then informed about reference situation. Whilst my brother has not worked since dismissal, my cousin grabbed any job and has now had 2 wildly differing positions since.

They were not successful and you know when an appeal isn't going in your favour when the meeting following appeal takes place in different building/not on works ground.

Energy better served on getting back out there.

Forum_Name

JReacher1 wrote: »

I would be surprised if they reverse the decision.

Same, but you never know.
Especially if she suggests an alternative arrangement, such as different placement, which had previously been put to her as a suggestion that they were going to discuss again at a later date.
It would mean the separation of the two women. On the topic of which, i think the other woman has also been sacked. Possibly on grounds of bullying. I don't know for 100% sure. She's either been sacked or they've made it look like she's been sacked while they get my mother out of the way and then it'll be as though she (the other woman) never left. I don't know whether the employer would go through all that rigmarole to portray that image as i don't personally know them myself. You'd think someone wouldn't go through that effort which makes me think the other woman has been sacked also, but you never know, stranger things have happened.

It also seems like they have treated your mother quite poorly so personally I wouldn’t think she would want to go back!

I actually think she would. Partly for something i'll touch on in a second.

Deleted%20User wrote: »

Energy better served on getting back out there.

As outsiders and/or people qualified to get in to any job at any time it's easy to say. From my mothers position she has great concerns.

She's only ever really done two types of jobs her whole life. This was a chance at a third.
She had been out of work for around 15 years due to disability. Through such anxiety every time they were going to assess her case that she would be physically sick she put herself to work. Her doctor advised her not to but she couldn't face the anxiety of being assessed again and again, not when more & more people were being taken off benefits. Oh you can barely move? I see you breathing so you can work. She'd been rejected her benefits once as was deemed fit for work through some absolute ridiculous assessment which she overturned on appeal and decided she couldn't keep going through it.
She doesn't bring attention to her condition, if anything she never complains and tries to hide it as best she can but when she's at home & she's literally dragging herself around the house at times you can see how hard it is, yet she'll still not accept any help. You have to force help on her. I guess some people are just like that.
She's approaching her 60s, she has no pension, no retirement plan at all. The house is paid for.
She has no qualifications where she can just walk in to a job. I think she did do a course in something many years ago where she was looking to change jobs but i'm not sure how far she got. Even if she got fully qualified, it's in a field where she would get her background checked upside down and inside out so after this it'd probably be no chance.

So taking all that in to account, she's well aware that just walking in to another job isn't going to be such a piece of cake. Who wants a near 60 year old with no qualifications who was out of work for so long, and especially one that freely assaults people? Ok maybe that isn't the official line but you know how these things get blown out of all proportion, just the way the incident did that lead to her dismissal. She'll be seen as no different to someone fresh out of jail. Nobody will want to know.

That's her concern.

Forum_Name

Blatchford wrote: »

(A) You have misread my point. I'm not saying she's lying. I'm not saying anyone is lying. I'm saying it doesn't matter one bit whether it's the truth or not. They don't need to go over CCTV evidence, if it even still exists, because it's completely and totally irrelevant. She has no evidence to prove anything and they aren't required to provide her with that evidence. It doesn't even matter if they did give it to her. The bottom line here is that the employer doesn't even need to provide a reason- and they don't have to provide a truthful reason. She had less than 2 years employment, the dismissal is not a result of one of the exceptions, so they can sack her for wearing odd socks if they want.

No, i haven't misread your point. I know that's exactly what you're saying.
And you're right. I am not disagreeing with you.
It is legally possible for them to sack her because it's Tuesday simply because she hasn't served 24 months. I am in agreement with you.

employment tribunal.

I don't think she'll be taking it that far. She would be daft to and i highly doubt she would anyway.

or just go all out to really annoy them.

Depends on the individual and as i've never met them myself then it's down to my mother to call whether they'll be the type to get annoyed by it or understand she's trying one last attempt at keeping her job and give a sorry but no answer.
Some would get irritated if you dared to ask again. My own employer would flip on you if even looked at him. However not every boss is the devil reincarnate. She'll have to call it as to what type of boss he is which is something we can't do.
Anyway thank you for the advice.

Forum_Name

Slightly off topic with this one but what happens with the workplace pension she will have paid in to?
As she was there for under 24 months we're not talking big figures at all, far from it, but that's not the point. A few questions really: what happens to it, what should she do, how can she keep record/proof of it?

Savvy_Sue

Forum_Name wrote: »

Slightly off topic with this one but what happens with the workplace pension she will have paid in to?
As she was there for under 24 months we're not talking big figures at all, far from it, but that's not the point. A few questions really: what happens to it, what should she do, how can she keep records/proof of it?

If she moves to a new employer with the same provider it will just keep building.

If new employer has a different provider she'd have to compare and check whether she could transfer existing funds to new scheme.

If not, she MUST make sure she keeps the scheme informed of any address changes. It's likely that she can set up an online account. The funds will sit there until her retirement date.

Forum_Name

Savvy_Sue wrote: »

If she moves to a new employer with the same provider it will just keep building.

If new employer has a different provider she'd have to compare and check whether she could transfer existing funds to new scheme.

If not, she MUST make sure she keeps the scheme informed of any address changes. It's likely that she can set up an online account. The funds will sit there until her retirement date.

Thank you very much Sue.
So it now becomes absolutely nothing to do with her (now previous) employer? I'm fairly sure she was with NEST. So when she comes to access the money, she just gets in touch with NEST and says, this is my name, address, national insurance number too i guess, and she has access to her money (loosely speaking)?

elsien

Some schemes allow you to take a refund of your contributions if it's less than two years. She would need to check if that's possible then decide whether she wants that or not.

Savvy_Sue

NEST are really straightforward. She can set up an online account and as Elsien says, she may be able to get a refund now.