Employment Lawyers Can Answer Your Employment Law Questions
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?
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.
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?
How long have you worked there for?
over 2 years
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.
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?
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
thank you for your time
you are welcome