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Main site > Forums > Work & Benefits > Employment, Jobseeking & Training > How to write letter to appeal disciplinary outcom...
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      od244051
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    • By od244051 16th Nov 19, 7:07 PM
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      What's this?

    od244051
    How to write letter to appeal disciplinary outcome
    • #1
    • 16th Nov 19, 7:07 PM
    How to write letter to appeal disciplinary outcome 16th Nov 19 at 7:07 PM
    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?

    Sorry!

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      od244051
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    • By od244051 18th Nov 19, 7:11 AM
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      What's this?

    od244051
    “
    How can strangers on the internet possibly know why it took 11 days when we know nothing about you, your employer, the investigation manager or anyone else involved. It could be down to double checking everything to prevent a successful appeal, any one involved might have been off on leave during the process, etc etc. Only your employer can answer. And if that’s the basis of your appeal, I’d suggest it would be fruitless, even as a grievance, which is what you sound to have.
    Originally posted by nicechap ”

    Those colleagues who had disciplinary meetings before got the letter either later that day or within 4 days if they had days off. Had 5 days off after the meeting - mixture of days off and annual leave and should have got it on my first day back.

    Sorry!

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      Blatchford
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    • By Blatchford 18th Nov 19, 7:56 AM
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      What's this?

    Blatchford
    “
    Those colleagues who had disciplinary meetings before got the letter either later that day or within 4 days if they had days off. Had 5 days off after the meeting - mixture of days off and annual leave and should have got it on my first day back.
    Originally posted by od244051 ”
    I don't think you are hearing what people are telling you. There is no "should have". You are clutching at straws trying to make a case that does not exist. The letter arrived. Why it took 11 days to arrive is not relevant and doesn't change the outcome.

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      nicechap
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    • By nicechap 18th Nov 19, 11:10 AM
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      What's this?

    nicechap
    “
    Those colleagues who had disciplinary meetings before got the letter either later that day or within 4 days if they had days off. Had 5 days off after the meeting - mixture of days off and annual leave and should have got it on my first day back.
    Originally posted by od244051 ”
    You now sound bitter.

    I would suggest you step back and concentrate on your own health & attitude to work. No doubt, that’s what your employer wants too.
    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."

    Sorry!

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    • By robatwork 19th Nov 19, 2:07 PM
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      What's this?

    robatwork
    “
    I want to try to be very clear here for you. You had an amount of time off sick that would trigger pretty much every sickness absence policy that I have ever come across. The single ten days sickness would have triggered my employers - ours is no more than 8.5 days sickness per year, unless there is a disability. The three periods of sickness would also have triggered the policy with my employers - even three one day sicknesses.
    Originally posted by Blatchford ”
    I guess you've looked back over previous threads to work this out. Don't suppose you know the Bradford score of the OP? Just for interest.

    Sorry!

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    • By ohreally 19th Nov 19, 2:19 PM
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    ohreally
    “
    I guess you've looked back over previous threads to work this out. Don't suppose you know the Bradford score of the OP? Just for interest.
    Originally posted by robatwork ”
    The 10 single day instances would score 1000 alone.
    Don’t be a can’t, be a can.

    Sorry!

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    • By nicechap 19th Nov 19, 2:47 PM
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      What's this?

    nicechap
    “
    The 10 single day instances would score 1000 alone.
    Originally posted by ohreally ”
    As I understand it, it’s 3 absences within 12 months, one of which was 10 days.
    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."

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      Blatchford
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    • By Blatchford 19th Nov 19, 6:12 PM
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      What's this?

    Blatchford
    “
    As I understand it, it’s 3 absences within 12 months, one of which was 10 days.
    Originally posted by nicechap ”
    Yes sorry, my post wasn't meant to be read as 10 x 1 day absences but 1 x 10. Ten days absence in itself would trigger ours. Even if one period of sickness.

    Sorry!

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      eamon
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    • By eamon 19th Nov 19, 7:34 PM
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      What's this?

    eamon
    This still going on?


    If so I'll add another tuppence worth.


    The OP will have self certified & possibly had fit notes. If that is all the employer uses for monitoring sickness then it is a poor do. The OP isn't clear on this. There is a HR function at his place of work they should be implementing something that includes " a return to work process/procedure". This is were the employee has an opportunity to expand on their absence (should they want to) i.e. more details, off the shelf medicine, visits to GP/A&E, phone calls to NHS, prescribed medicines etc. Put down everything that demonstrates what you have done to return to work.

    It may not stop the disciplinary process but it makes management do some work to justify it.

    Sorry!

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