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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47404
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was been dismissed from my job and have just received the

Resolved Question:

I was been dismissed from my job and have just received the answer from the appeal officer.

The appeal officer has said (in writing) that the disciplinary process was flawed and wants the disciplinary charges re-heard by a different manager.

Can the company do that?

Thank you
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What is your concern about the company doing that?

Customer:

From what i have read in their disciplinary procedure handbook and on acas the appeal officer can either choose to overturn the decision or stand by the original decision.

Customer:

how can they ask me to do another disciplinary hearing after they have sacked me and agree that the company has not followed their own procedure?

Ben Jones :

How long have you worked there for?

Customer:

over 2 years

Ben Jones :

It is certainly possible for a re-hearing to be ordered following an appeal. Whilst the employer may have failed to follow the correct disciplinary procedure the first time round, the appeal could state that this was the case, but as the allegations still stand you should be given the opportunity to go through the correct procedure. It means that at present you would be reinstated but then the employer would have to ensure that they act fairly and correctly by following the required procedure. If the result is another dismissal, then you would have the right to appeal again if necessary.

Customer:

My appeal decision letter states that the new disciplinary officer can conduct further investigations, is that the case or does he have to stick with the original evidence?

Ben Jones :

New evidence can be used but you must be given the opportunity to comment on it or respond with your own evidence before it is used in the final decision

Customer:

thank you for your time

Ben Jones :

you are welcome

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