Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is Ben and it is my pleasure to assist you with your question today. What is your specific query about this?
do I have a case for getting my job back and did they follow the correct procedure
they also let me continue doing the job as supervisor for which they found me negligent
so you were given the disciplinary outcome letter on 15/4? When did you try to appeal?
I was not aware that I was able to appeal until I got handed the letter on the 15th by which time it was to late
The time limit to appeal should have run from the dater you actually received the letter, not from the date the decision was made. It is no good to make a decision on 2/4, give you 3 days to appeal, but only hand you the letter with the decision on 15/4 and then refuse you the right to appeal. So there is certainly a reasonable argument there that they have not followed a fair procedure.
The second disciplinary may have been conducted in a more fair manner so the issue here really is whether the initial warning should have stood as that had an impact on the decision to dismiss later on. One thing to remember is that by appealing you may not have necessarily had the warning rescinded so even if the employer had followed a fair procedure, you may still have ended up with that warning on file and the subsequent dismissal may have still stood. So it is a bit of a 'what if' issue with some degree of speculation involved.
If you have not yet done so I suggest you appeal the dismissal directly with the employer first. If that is unsuccessful then you may wish to consider going down the employment tribunal route and claim for unfair dismissal. The tribunal will rarely order the employer to take you back and instead they may just award some compensation for the unfair dismissal.
If I am not successful in my appeal do I tell them of my intentions to go to a tribunal as I think it will be very uncomfortable to work there again
no you do not need to tell them before making a claim
Thanks how long am I able to take your advice
Sorry can you please clarify what you mean?
for what period of time does my payment to you last
I'm sorry but I don't know have no details of your account and what, if anything, you have subscribed to, you need to contact customer support on [email protected]
has your original query been answered?
I would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you