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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49818
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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FAO: Ben following our previous discussion could you please

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FAO: Ben JonesHi, following our previous discussion could you please give me an advice on how should I proceed in appealing the dismissal.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

What reasons have they given for the dismissal exactly?

Customer: replied 28 days ago.
Well, I am supposed to receive the notes from the meeting tomorrow but I was told that the main reason is that the trust between the company and myself is broken
Customer: replied 28 days ago.
I do not want to return to work. All I want is not to get a bad reference for future employment. When should I ask the employer for this - at the appeal, prior to it or after final decision?

By submitting an appeal your only desired outcome is to overturn the dismissal and get reinstated. So if you do not want your job back then in many ways there is no point in appealing. However, if you simply want to ensure that you do not get a bad reference, you may still consider appealing only based on that, making it clear you do not seek reinstatement, just get a decent reference.

The main grounds for appeal here would be that the decision does not warrant the offence. An employer does need to justify that the penalty they issue is one which a reasonable employer would have arrived at in the circumstances and in this case considering hat happened, your length of service and good disciplinary record, dismissal is too harsh of an outcome.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 28 days ago.
Can I ask for decent reference and be allowed to resign right after my maternity leave in 6 weeks? They dismissed me on notice which is 4 weeks so this would only add 2 weeks of parental pay.

what you could do is still appeal the dismissal, if you win then you get reinstated, after which you resign immediately (or when required). If the appeal is unsuccessful you can approach them with an alternative, such as issuing a reference even if the dismissal is not upheld