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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50148
Experience:  Qualified Employment Solicitor
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How long can you appeal after Misconduct ?

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how long can you appeal after Misconduct ?
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Can you please explain your situation in a bit more detail?
Customer: replied 2 years ago.
Sure i was working for Company called Morrisons during my period working for the company i had health issue, the company was aware of that, but because in their view never sent them a doctors letter after period of time they made a date for a discipline hearings.
So have you had the disciplinary and if so when was it?
Customer: replied 2 years ago.
yes the disciplinary had been done in 2013 on 6th December but i was not present on the day.
If this was done in 2013 then you would way too late to make any appeal at this stage. Appeals really need to be done within a few days, usually 5 or so. Alternatively you could have raised a grievance at the time but again it should have been done without unreasonable delay. Appealing something some 2 years after it took place does not really give you any rights and the employer could refuse to deal with this. So whilst you have nothing to lose by approaching them and checking if they would allow an appeal, they are entirely within their rights to refuse and you would not be able to challenge that decision.
I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
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