Appealing Against Dismissal

[william47]

Hi Can someone advise on a couple of points to the contents of my appeal letter, It was during my disciplinary hearing that the chair asked the minute taker to close her book and he then asked me if it was ok to speak off the record regarding an issue that had nothing to do with the disciplinary. I said yes but to my surprise he brought up a harassment conversation I had with him on the procedures in taking action against one of his line managers, He asked me if I intended to pursue this matter or drop it and put it to bed. I said yes hoping that it would go in my favour. Unfortunately it didn't he still dismissed me.
Can I say the person in question I intended to make a claim of harassment against was the line manager who suspended me and also in turn carried out the investigatory. Can I make these issues part of my grounds against unfair dismissal along with a few other points I have noted.

Thanks William

[tamborine]

Everything is relevant in Employment Tribunals

http://www.justice.gov.uk/tribunals/employment

[Peter Pedant]

Yes you can

You have been dismissed and you should make it clear that this is one step on the way to the Employment Tribunal.

These harassment claims are common ( having been the subject of them as a union rep). I am not sure if 'no' was the right answer either.

SInce there are no minutes for this conversation you should go into a huddle now and write down as much as you can about what occurred in the unminuted bit. Memory fades quite quickly ( 7d)

read up as much as you can on harassment n the internet
there s alot of it out there

and bear in mind that your employer may have a different view to harassment than the 1997. So in the appeal you will have to follow his ( so long as it doesnt conflict with English law ) .

Do they have a disciplinary manual ? they dont by law BUT if they do they have to make it available to you. and all about harassment will be there

I am sorry this has happened to you William

and Good Luck

[Peter Pedant]

.

Good URL from Tambo
remember that your final appeal will be decided according to their procedures, and for small employers may not comply with tribunal practice ( in small firms the investigators may well present the case )

ACAS have a good section about what has to be done.

It doesnt sound as tho you had a little helper in with you as is your right.

Very sorry to hear this WIlliam
This happened to me as a rep, and I hesitate to say ( considering you got fired) I wiped the floor with them. They havent used that procedure again as far as I know since I am obviously in demand.

If we can help in any other way - repost

[william47]

Thanks for those responses, Can I say that in the three letters I received , regarding suspension, invitation to a investigatory meeting, and to appear at a disciplinary hearing . In all of those letters it didn't mention or advise me of company disciplinary procedures , ie in accordance or pointing out breaches I made or even send a copy , Does the company have to make some reference to this.

Thanks William

[boxtops]

I would certainly have expected them to - to direct you to the handbook or website where those policies are listed. It is also acceptable for you to bring a supporter with you to those meetings (e.g. Union rep), that should have been offered too.

It seems unacceptable to me to have brought up that other conversation "off the record" as part of a formal should-be-documented disciplinary meeting.

Do you have an HR department you could speak to about failure to follow due process? You need to check the policy first though, to make sure which steps in the process were and were not followed, before you speak to anyone else.

Why don't you have a word with ACAS? You can contact them through their website, and their advice is free.

[Peter Pedant]

The only thing you have mentioned they cant do is have a disciplinary policy and not follow it. If they have a document they should make it available (s3 or 6 of the employment act) and follow it

The ACAS site is here:
http://www.acas.org.uk/index.aspx?articleid=2177

sort of lands you in the middle of the section on Discipline

There is quite a lot of reading
and you will have to have your appeal in within x days ( 7 or 20 or 28)

but remember if yours is a small employer, then these things are informal so you should be able to add things to your appeal - unless of course their printed policy expressly forbids .