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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47355
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Jones... 14/04/2016 04:59 Ben,We have received

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14/04/2016 04:59
Hi Ben,We have received an answer from my mothers employer - please find their email below and official response attached.To confirm my mother is currently in Poland with family and will be back in UK on the 27th April whilst the date of appeal has been set to 21st April.Do I have the right to respond to the employers email and suggest a date of 28th April - 1 week after their proposed date?Employers Email below:
Begin forwarded message:From: "PAM, Janice"
Subject: Letter from Anna
Date: 14 April 2016 at 15:05:01 BST
To: "*****@******.***"Dear WieslawaPlease find attached the response to your letter of 3 April to Anna Tchaikovsky, a copy of this letter has also been sent out in the post to you.Kind regards
JaniceJanice Pam
PA to Anna Tchaikovsky, Hospital Director &
Rachel Balmforth, Head of Clinical Services &
Local HR ContactSpire Leeds Hospital
Jackson Avenue
Roundhay
Leeds
LS8 1NT
Tel. 0113(###) ###-####
Fax. 0113(###) ###-####
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, it appears that the attached letter is the appeal rather than the employer's response - can you please double check if this is hat you intended to attach. Thanks
Customer: replied 1 year ago.
Apologies Ben...please find attached employers response...
Expert:  Ben Jones replied 1 year ago.
Great, thanks. Whilst generally your mother should respond to this, if she is not able to do so because she is abroad then you may have to do this yourself, on her behalf. However, if she has access to emails and is able to back up your response by directly contacting the employer, she should do so, at least to say that she gives you authority to deal with this on her behalf whilst she is away. So you should contact them as soon as possible and state why she is unable to attend the original date and request that a short postponement is granted so that she is actually back in the country and has the opportunity to attend the appeal. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Ok Ben, I will email them today confirming that she will be able to attend a week later.In regard to the appeal meeting - what should she / we say or not say as the case may be...what can we expect and how can we prepare.Also I wanted to mention that because of the decision to terminate my mothers employment she is no longer on the companies private health scheme which she contributes to...In effect while she is still undergoing her 5 year consultation period where she is required to meet with her consultant and undergo further tests / screenings this has now been stopped giving her two options...1st to carry on privately at a cost of almost £7000 per year or go via NHS route in which case her consultant can no longer prescribe any medications as he in effect will be replaced by someone else. This is the person who was with my mother and cared for her since day 1. Obviously my mother is distraught as she certainly cant afford the fees for private health and is scared to be handed off to some other doctor to carry on her treatment. Is this also an argument or unfortunate consequence of having her employment terminated.Kind Regards,Adam
Expert:  Ben Jones replied 1 year ago.
Hi, it is very difficult to give specific advice on appeal hearings – there is no right or wrong things as such. The key is to bring up the grounds for appeal and explain why she thinks that they were not used properly in making a decision to dismiss. Some appeal hearings can be quite short – where the employer just hears the grounds for appeal and then goes away to make a decision. So do not think too much of it – just turn up and discuss the grounds you have already raised and answer any questions the employer may have about them, if any at all. As to the private health scheme this is not related to the grounds for appeal against dismissal – it is an unfortunate consequence but it could form part of a compensation claim should she decided to take matter further to tribunal.
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
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Expert:  Ben Jones replied 1 year ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.
Customer: replied 1 year ago.
HI Ben,We have now received a response from Spire Leeds Hospital (please find their letter attached).The date for the re-scheduled appeal hearing proposed by my mother unfortunately will not be possible due to the hospital directors other commitments. They have suggested an alternative date which unfortunately is the date my mother is due to fly back once again to see my family - a day before and it would have been fine.Spire Leeds have confirmed that alternative dates may be provided alternatively a written submission will also be accepted.My question to you is this: Will a written submission hinder my moms appeal in any way? Perhaps it is a better solution? - a solution where we can carefully think through and convey everything on paper rather than in a meeting (where unless you are good at coping with stress you are likely to forget what you originally were planning to say or convey it in a less professional manner than on paper).
Please let me know your thoughts on this as I personally (knowing my mom) think that she will not cope well in such a meeting by herself and I unfortunately will have work commitments of my own during the proposed (by Spire Leeds Hospitals) appeal Hearing date.
Also I would ask that you provide clear instructions on how to draw up a written submission, what it should include (according to you), any information you feel important etcLooking forward to your response - thank you
Expert:  Ben Jones replied 1 year ago.
Hello, it is entirely possible and acceptable to provide written submissions instead of attending the hearing in person. Whilst an appeal is usually less stressful than a disciplinary, if a person is not comfortable with such situations, then it may be a better solution. As to instructions on how to draw up written submissions, this would be beyond the scope of the services we can offer unfortunately. There is no template as such - it is all done individually, based on each case and its circumstances so if you need something like that you are really going to have to see a solicitor in person. We are just a general Q&A site, such specific advice would be beyond what we can offer.
Customer: replied 1 year ago.
Ben, Would my initial response detailing the reasons why my mother thinks the decision was unfair be seen as a written submission? Is it not the same thing?
Expert:  Ben Jones replied 1 year ago.
Yes that would basically be it - it is in effect a letter with the grounds for appeal and any information which she wants them to take into account when considering her appeal. So you can leave it as it is or you can add more detail as you see fit
Customer: replied 1 year ago.
Very good Ben...what can we expect after such letter and decision...in effect what decision can we expect if positive? full reinstatement, reinstatement under new terms, compensation without the possibility of return back to work, removal of Gross misconduct from the record or something else? What would you expect id appeal is positive?Based on your past responses if not positive we take things to the next stage? with your help.
Expert:  Ben Jones replied 1 year ago.
There are only two possible outcomes of an appeal - reinstatement with payment for the period between dismissal and appeal, a if no dismissal had occurred, or rejection of the appeal where the dismissal stands. If you need further help on the process to take this further then certainly get back to me
Customer: replied 1 year ago.
Hi Ben,We have received a response to our reply / email - please see below and the response attached...can you please offer your opinion on how we should proceed...do we continue to offer a written submission only or follow her employers suggestions?Begin forwarded message:From: Hotmail
Subject: Re: Letter from Anna
Date: 24 April 2016 at 12:12:59 CEST
To: "PAM, Janice"Dear Janice,Thank you for your your email Dated 18 April 2016 and attached response form Anna Tchaikovsky explaining the appeal procedure once again and informing that the suggested by me date for an appeal hearing will not be possible due to Anna’s work commitments.Thank you also for the suggestion / proposal to submit a written submission as an alternative to attending the hearing in person in view of difficulties in both parties agreeing to a suitable Appeal Hearing Date.I have consulted with my solicitor and he confirmed that it is both entirely possible and acceptable to provide written submissions instead of attending the hearing in person. Because my language skills do not allow me to convey exactly what I would like during the hearing, providing a written submission would be less stressful for me as I am not comfortable with such situation. This may prove to be the better solution for me.I ask that you please confirm the date by which my written submission is to be submitted and the associated procedure once it has been received.Ps: I would ask that a confirmation of receipt of this letter be emailed to me by return.Kind Regards,Wieslawa Podczaski
Customer: replied 1 year ago.
Employers response....
Expert:  Ben Jones replied 1 year ago.
Hi, so from what I understand she cannot attend on 5 May and that is the only suggested date for now. They state that if she cannot attend then, they will look for other alternatives including making written submissions. So you can tell them that as she is not able to attend on that date as she is not here, that she is now willing to seek the alternative of written submissions instead
Customer: replied 1 year ago.
Hi Ben, I guess I took their email as a test to check if other dates will be ok for my mother to attend...to test her willingness to attend a face to face meeting. My mother is set on the written submission irrespective weather she is there or not...my question is will her stance to keep to the written submission affect the outcome in any negative way...if not then she chooses to go down the written route...your thoughts on this Ben?
Expert:  Ben Jones replied 1 year ago.
It should not - I mean they should not treat her detrimentally as a result. But as mentioned making written submissions will not necessarily be the same as being there in person, they may want to ask her questions about her appeal and to clarify things - this will not be possible via written submissions so there is a risk that she does not convey everything she wanted to or the employer does not get all the information they require

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