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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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After a disciplinary hearing I am appealing the decision.

Resolved Question:

After a disciplinary hearing I am appealing the decision. I have been advised of the person to hear my appeal. I thought it was supposed to be by someone impartial whereas this person has a close association to my employer (he runs a management group that my employer pays to be a member of) he also already knows me and is a client of where I work. I have objected to him hearing my appeal and am know waiting to hear back from the employment law agency handling this. Any advice would be appreciated as I am not in a union and have no support.
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name us Jenny and I am happy to help you today. Was this person involved in the decision making at the disciplinary hearing?

Customer:

Hi not as far as I am aware but I am sure my employer has discussed me with him previously

taratill :

Ok thanks, ***** ***** not unlawful for your employer to ask someone they know to hear an appeal. So long as the person was not involved in the decision making process then this is allowed.

taratill :

Most organisations ask another of its managers to hear appeals and that is also absolutely fine.

taratill :

If after the appeal you believe that the person has been biased in their decision making and has not been objective in dealing with the complaint you may be able to bring a claim in the employment tribunal depending on the nature of the disciplinary action. If you would like more information about this please let me know.

taratill :

If you have any further questions please ask. if i have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

I was told originally it was to be heard by the appeals officer a mr john webb and that is who I addressed my letter to. I can not prove that the guy now doing it has not been informed of it prior or given my employer his input but as he knows me and is a client of our work place surely he is not impartial?

taratill :

Why can the original person not hear the appeal, have you been told?

taratill :

HI have you been told why the original person cannot hear the appeal/ ? If there is someone else internally who is not connected in any way then it would be more appropriate for your employer to use them. I would suggest if that is the case you raise a grievance.

Customer:

No I was informed by email it would be the 5th august and by this other guy. It did not tell me the time or the place or give me any other information of how it would go my right to hring anyone etc. He just wanted to know if the date was acceptable so he could book it. I am sure it is my employer who wants him to hear it and not been the decision of the employment law company

taratill :

Ok well you can raise a grievance as I have suggested. If they do not change the person and the decision is not overturned then you may be able to take action.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

How would I raise a grevience and if he does end up hearing it how do I go about the tribunal you mentioned earlier?

taratill :

Before I answer that, what was the disciplinary for and were you dismissed/

Customer:

I was given a first written warning for poor performance, I had no informal consultation with him or was not given a performance review to work to which I said in my defence at the hearing. I was told my my employer that he had arranged a meeting with him and our employment law company then received a letter my email from them inviting me to an investigatory hearing which led to a disciplinary meeting and 2 weeks after this I was notified of my warning with a performance plan that I have to work to.

Customer:

The meeting he said was to discuss future plans of the business and he made no verbal indication that it was about me. I have also been employed for 25yrs with 18yrs as manager

taratill :

So what disciplinary action are you appealing against?

taratill :

#Sorry I can see now.

taratill :

Ok well in this situation there is no legal action you can take as you have not been dismissed. I would suggest that you just raise a grievance. Ultimately if you are dismissed in the future you may be able to claim that the dismissal is procedurally unfair as you have not been treated properly in the performance management process.

taratill :

If you have any further questions please help. If i have answered your question I would be grateful if you would take the time to rate my answer.

Customer:

Finally then jenny can I ask how I go about the grievance procedure and can I start this before the outcome of the appeal hearing?

taratill :

Hi you just need to write a letter headed grievance and you can set out that you think that this is a biased decision and cannot be impartial. You can do this before the appeal.

Customer:

Would I address this to my employer or the employment law company handling this or both?

taratill :

Your employer

Customer:

Thank you jenny

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience: 15 years experience of advising on employment law matters
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