Employment Lawyers Can Answer Your Employment Law Questions
It's another letter from the chap who you gave me advice for a reply to send to him earlier today? (Regarding his long letter in appeal to his dismissal, and then my reply to confirm he couldn't claim unfair dismissal). Can I send you his letter of response to this for you to suggest what I should reply with...? He seems to be hassling for a personal reply from me and I want to confirm that I don't have to give one?
Subject :Addition to the appeal to the “Poor Performance and Capability Notice of Dismissal Letter”Hi Shirleythanks for your quick reply. The hereby to make clear that my appeal is not meant to be a request oflegal advices. The appeal, at this stage, is simply directed to the Company and I expect it to behandled by the Company according to what provided by “THE COMPANY DISCIPLINARYPOLICY and PROCEDURE”. So please let me know when my appeal will be heard. Furtherfailure to comply to the disciplinary policy will be eventually considered at a second stage.This said I was fully aware of what provided by the law for "The Unfair Dismissal and Statement ofReasons for Dismissal (Variation of Qualifying Period) Order 2012", as I am also aware exceptionsare provided and length of service is not required in some cases. This matter will be eventually fullyinvestigated by professionals at the appropriate time. I understand that, for what provided by thecurrent regulation I have 3 months to eventually arrange a claim to a tribunal and, in that case, itwill be the tribunal to state the right to appeal or not.Everything else stated in your letter is absolutely arguable as no current legislation allow thecompany to act assuming that the disciplinary policy is only to be used as a guide, as, per in thecontract, the disciplinary rules applicable to employment are set out in the company disciplinarypolicy and procedure. For the same reason no current legislation allow the company to act asGovernment's general rules were just a guide. They are conveniently available on the Governmentwebsite exactly because, in the appropriate circumstances, they can carry legal weight and make thedismissal unfair. Aside from eventual legal consequences my appeal was also meant to make youaware of all the efforts spent in order to carry out my responsibilities, as I believe you were notaware of most of them, and to underline how it was a really hard work for me to manage stuff inprocedures in a place where, over the years, they have not been observed, and they are still notobserved by all other members of staff, including the management and including you. Theirregularities and rough mistakes made in managing my dismissal process help me to take asignificant example of it to your attention and make the dismissal unfair beyond whatever could beever provided by any legislation or regulation.So once my appeal is heard and rejected or ignored I will consider if there's grounds for any
(Hi.. more than happy to leave a positive rating but I just tried and it goes straight through to leaving a tip (which I will do) and closing the question... I had to use my back button to get here to reply).
That's great, thank you very much. Just lastly, what would he have had to do for it to have been a formal appeal...? He wrote the really long letter stating the reasons he felt he shouldn't have been dismissed (which I now know I don't have to answer, and he won't be able to claim unfair dismissal) and also stated he felt the dismissal process hadn't been handled correctly therefore requesting his job back or compensation which I sent to you on the 13th March (he sent it within 5 days)...I presume he meant to be his formal appeal, would it count as such...?
PS...I've realised my confusion in some of this... I thought once I dismissed him, if he appealed it would then have to go through solicitors and would end up in court... I didn't realise the appeal is just to me to reconsider!
Im sorry to reply again, I just want to stand the best chance of writing a reply which will make him leave me alone! Would you be able to check my reply is ok...? Please let me know if I need to start a new thread for a new payment for this.
In response to your letter, you have been dismissed for the reasons previously stated at your disciplinary meeting on the 8th November and in the subsequent formal notice letters. I do not need to discuss these reasons any further with you and should you wish to contest these reasons, you would need to do so by making a claim for unfair dismissal. However, as you do not have the required length of service for a tribunal to consider an unfair dismissal case, you will be unable to make a claim.
With regards to the dismissal process, if you feel that you were dismissed unlawfully without due notice being given then I will arrange a meeting to listen to your concerns before once again checking with a legal adviser that the meetings attended and notices given were appropriate. I will be then be able to reconfirm your dismissal and if you then decide to make a claim, which will have no reasonable prospects of succeeding, I will pursue for my legal and other related costs.
He's replied and he'd like a meeting and he's claiming he's bringing a trade union rep. Am I allowed to bring my husband (who is also involved in running the pub... just to sit in for my confidence, Stefano can be quite threatening... neither of us plan to say anything apart from me confirming that im listing and will check with a legal advisor) and also when I reply to give him a date for the meeting am I allowed to state how long it will be for...?