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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46227
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have recently been dismissed due to my sickness absence. I

Resolved Question:

I have recently been dismissed due to my sickness absence. I am appealing but they seem to be dragging their heels in getting an appeal date to me. I want to apply for other posts yet am reluctant as it doesn't look good when applying if dismissed. Is there anything else I can do! My Union the RCN is involved
Submitted: 7 months ago.
Category: Employment Law
Expert:  Ben Jones replied 7 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Customer: replied 7 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 7 months ago.
Expert:  Ben Jones replied 7 months ago.

Hi there and thank you for the live phone call request. I am unable to talk at the moment but please can you tell me how long you have worked there for and how long you have been off sick? I will review the relevant information and laws and get back to you as soon as I can. Please do not respond to this message after you have provided the information as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Customer: replied 7 months ago.
I worked there for 29 months and was off for a total of 60 days intermittently due to certified conditions under investigation! I was back in work and had been for over 4 months when my contract was terminated! I was actually on shift. My Union are on to the appeal though they say that they can't seem to get a mutually agreeable date for the appeal! I need this sorted. I was dismissed on 18th July this year.
Expert:  Ben Jones replied 7 months ago.

OK thank you. Please do leave it with me I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Many thanks.

Customer: replied 7 months ago.
Thanks
Expert:  Ben Jones replied 7 months ago.

No problem at all.

Expert:  Ben Jones replied 7 months ago.

Many thanks for your patience. Whilst you have the legal right to appeal, you cannot force the employer to hold the appeal or to do it without any unreasonable delay. As you no longer work for them officially you cannot raise a grievance either so you will just have to continue negotiating with them until you manage to find a mutually suitable date for the hearing. If they continue to drag their heels and the delays are ongoing, you can consider taking the first steps in claiming unfair dismissal, which would be to contact ACAS and start the early conciliation procedure. It may just be that by getting notified that the process leading up to a tribunal claim has started, the employer is pushed into resolving this and sorting out the appeal. Of course there is no guarantee that it will work like that but if they still do not arrange for a hearing then you can simply proceed with the process and eventually consider making a claim against them for their failure to follow a fair procedure by giving you an appeal, or even for the reasons behind the dismissal.

This is your basic legal position. I have more detailed advice for you in terms of the ACAS process, how it works and how to start it, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 7 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46227
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 7 months ago.

Thank you. So as mentioned, a new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.

If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement.

The conciliation procedure and the form to fill in can be found here:

https://ec.acas.org.uk/Submission/SingleClaimantPage

In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.

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