How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 10386
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I have been unfairly dismissed from work and given chance to

Customer Question

I have been unfairly dismissed from work and given chance to appeal.
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. You can paste the appeal letter on here, although it is often going to be impossible if you have a chance or not as the employer is the only one that can make the final decision on this, regardless of how strong an appeal you have - it does depend on the appeals officer's opinion.

JACUSTOMER-nr5sz4ge- :

LETTER OF APPEAL AGAINST MY DISMISSAL


 


I am appealing on the decision to terminate my employment following a disciplinary meeting held on the 27th of June 2014 and seeking immediate re-instatement to my position.


I want to state here that my dismissal was unfair and unjust as no reasonable evidence showed that I committed the alleged allegations and nobody claimed that they witnessed that I abandoned Phil or did not attend to her professionally as required of me.


The disciplinary meeting was not a fair process as the Manager appeared to have made up her mind about dismissing me and pre-judged the issue even before the disciplinary meeting was held. This was made clear on the day (25th of June 2014) she gave me the letter of invitation for the disciplinary meeting to be held by 27th June 2014 by saying and concluding that I lied to her on the issue without due investigation before inviting me for disciplinary meeting. I was not even asked to write any incident report or explain what happened on the night (17th of June 2014) I worked but other carers were asked to write reports against me concerning the issues. Some of the reports (like the 3rd carer’s report and part of the other 2 carer’s) were given to me to read 5 minutes before the meeting was held by the deputy manager, Pauline.


 


Also, the incident reports by other carers were written and dated 25th of June 2014 by 2 carers and 26th of June 2014 by the third carer. None of the incident reports was written on the date they claimed in their reports that the issue occurred. The incident report I wrote on the 20th of June and submitted to my Manager’s office was never brought up nor referred to in the disciplinary hearing.


Moreover, I did not work on the date (night of 19th June 2014) as outlined in the letter of disciplinary hearing and the night of 18th of June 2014 as alleged in the Incident reports by the 2 Carers standing as witness against me. I denied attending to the woman on the 2 alleged dates above as I did not work on these dates and whoever worked on those days should be answerable to whatever issues were reported.


On the day (night of 17th /18th morning, June 2014) I worked, I agreed and still maintained that I attended to Phil and carried out personal care on her professionally, wore her Socks and gave a cup of tea and never abandoned her as alleged. I have never had any reports in the past of neglecting her or any other resident within the care home. Phil had in the past given me positive feedback, which was shared by my manager in one of our staff meetings. I really cannot understand why this issue is coming up now.


Conclusively, I will like the decision to be reviewed and favorably overturned as if not, I will have to take further actions.


 


Yours faithfully,


 


 

JACUSTOMER-nr5sz4ge- :

Let me know if you require any other document regarding this as I have a short time to appeal. I was given 7 days to appeal from 2nd of July when the appointment was terminated.

Ben Jones :

Thank you. Can I just check how long you have worked there for please?

JACUSTOMER-nr5sz4ge- :

2 years. from the termination letter they did say I have 4 weeks pay in lieu of notice and entitled to appeal. The issue in question, I never committed it but the manager said I lied to her that I initally said I did not attend to the lady I was alleged to have not worn her sock and then went on to abandon her and later said I agree to have worn her her socks.

JACUSTOMER-nr5sz4ge- :

I denied attending to the lady because in the letter of disciplinary hearing sent to me, the date (night of 19th June) they put in the letter, I did not work on that day but agreed to have attended to the lady on the date (night of 17th June) I worked and attended to her professionally and wore her socks and gave her cup of tea as I always did.

JACUSTOMER-nr5sz4ge- :

on the 19th of June when I went for a course at the office she saw me and decided to take me to the resident for identification but the lady could not identify me as someone who had attended to her and abandoned her. My manager asked the lady who I was but the lady called me ANI (another carer) but I then chipped in and told the resident my name and showed her my name tag. She did not say that I was the one who attended to her and abandoned her when I was taken to her for identification

JACUSTOMER-nr5sz4ge- :

2 other carers later went on to witness that I attended to the lady on a different date (night of18th of June) in their witness report. Also, I did not work on this night as evidently shown in the rota table. The claimed that they were both with the lady and the lady was almost in tear and was scared about me and the way I attended to her and that they now calmed her down and told her I was not on duty so she should not be scared about me. All these were lies, frame up and gang up stories. My manager took the report and presented them to me as allegation against me. These allegations were what they claimed the lady told them and not what they witnessed me to have done. There were a lot of inconsistencies in the dates as the date they even claimed was not the date I worked. The date in the manager's letter was different as well and I never worked on that day as well

JACUSTOMER-nr5sz4ge- :

During the hearing, when said I should forget about the date as there might be error on the date in the report but was interested in the particular date I worked which was 17th of June. She was just trying to get me accept guilt of what I did not do and then went on in her decision to terminate my employment just like that.

JACUSTOMER-nr5sz4ge- :

Really not a fair world.

JACUSTOMER-nr5sz4ge- :

Let me know if you need more details and the letters of disciplanry and decision

JACUSTOMER-nr5sz4ge- :

I have to send the letter of appeal on Monday to meet up with the 7 days deadline for appeal

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10055
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Last | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10055
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    661
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions