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james bruce
james bruce, Solicitor-Advocate
Category: Employment Law
Satisfied Customers: 5888
Experience:  Owner at James Bruce Solicitors
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I have my appeal meeting with work tomorrow, but I received

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Hi I have my appeal meeting with work tomorrow, but I received my p45 and final pay in the post. Can they do this?
JA: Was the termination discussed with a manager or HR? Or with a lawyer?
Customer: HR
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: Employees
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I ve been off sick since July and they are dismissing me on the grounds of capability
Hello, I hope you are well. My name is***** am a solicitor advocate and  I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.
Customer: replied 8 days ago.
Customer: replied 8 days ago.
I can't afford to call

If you have already received your P45 and final pay cheque, then the employer has already dismissed you (maybe prematurely) before the appeal hearing has taken place.

Therefore, is they do not reinstate you tomorrow, then you may have a case for wrongful dismissal and if you have been employed for more than two years a case for unfair dismissal.

Normally if an employer is going to dismiss, they would hold a meeting/disciplinary then make their decision. Then they would wait for the appeal to take place for the final decision.

It is possible to dismiss for the reason given and then if yo appeal hold an appeal hearing  after which they could reinstate. But the way they have done it, does leave them open to a claim as you could say they had pre determined the hearing by dismissing you.

Customer: replied 8 days ago.
The disciplinary meeting took place without my knowledge as they were sending letters to my old address. My manager was fully aware I moved and I wrote my new address on OH form
Customer: replied 8 days ago.
Do you have an email, so I can forward u my appeal letter, which explains everything

Then it appears they have completely mismanaged the matter. See what happens tomorrow then if they do not reinstate, you cold go to ACAS with a claim against the employer.

Customer: replied 8 days ago.
Okay, thank you for your help and advise, really appreciate it.

your welcome. Good luck tomorrow.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

james bruce and other Employment Law Specialists are ready to help you
Customer: replied 8 days ago.
Awww thank you, ***** ***** for sure. Brilliant service.

Glad your pleased.