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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was dismissed from my job after a disciplinary hearing, I

Resolved Question:

I was dismissed from my job after a disciplinary hearing, I ask for an appeal on the grounds that it was biased, and harsh, and because I could not produce any written evidence I was told that I was not aloud a appeal.
I know I can not claim unfair dismissal as I only worked for them for 18 months , but since they did not follow protocol can I claim for breach of contract? Rosemary Palmer
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What protocol did they not follow, was there a specific disciplinary procedure in your contract?

Customer:

In my contract it say I have a right to appeal with in 5 days which I did

Ben Jones :

Did it state what was required of you in order to appeal? For example were you supposed to provide written evidence?

Customer:

No It say The partnership agree to hear all grievances raised within 5 days and give a written decision with 5 days.

Ben Jones :

You mention grievances, did it specifically say that or did it also include appeals following dismissal?

Customer:

I did not have an appeal. It was one grieveance

Ben Jones :

ok but grievances only apply if you are still employed by the company, once you are dismissed you cannot raise a grievance and the employer does not have to deal with it, so it is important to know whether the policy just said you can raise grievances or if it specifically said you are able to appeal a dismissal

Customer:

The wording says Grievance appeal procedure

Customer:

sorry wrong item it says if you are dissatisfied with any disaplinary action taken agaist you you may appeal to the practice manager or Dr K Tuttey

Ben Jones :

The issue is that even if the employer did breach their protocol it is unlikely you can take the matter further - strictly speaking you could consider breach of contract but you cannot claim for breach of contract unless you have suffered actual losses as a result. Quantifying what losses you have suffered as a result of the employer's failure to allow an appeal would be rather difficult and I do not see you being able to show you have suffered losses that are worth fighting for. At best you are looking at a few days' extra pay to cover the time during which the appeal would have been considered, assuming you remained an employee during that time but even that is questionable.

Customer:

Thank you

Ben Jones :

You are welcome

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46809
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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