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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 51178
Experience:  Qualified Solicitor
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In short, i had some personal problems which were resolved

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In short, i had some personal problems which were resolved and drank with girlcriend on sunday night. Drank too much and went to work on Monday am, in an airport for a construction company. Random teating and i failed suspended that day, approx 3 weeks to informal hearing but all items minuted and sent to me for signing a couple of weeks later called to formal meeting. After going through everything and they deliberated for an hour adcised i was sacked as no mitigation. I have lodged an appeal now circa 8 working days and no response plus slight delays on expenses and confirming pay with accrued holidays

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

What do you specifically want to know about this please?

Customer: replied 7 days ago.
I suppose i want to know how long is reasonable for them to respond to my appeal amd what if they take too long. In the policy it states "normally' 5 working days and we are now at 8.

How long have you worked there for?

Customer: replied 7 days ago.
Circa 4 months. Definately out of character. They did not speak to my colleagues as part of the process. On the morning i failed i went in as under pressure to complete orders for sub contractors etc. One reason in the letter sent to me used standard wording of being incable to work etc but they let me go back to work and provide a handover

Thanks. The law does not actually provide a specific period of time within which the employer must deal with your appeal. They should do it within a reasonable time but if there is a specific policy in place then they should follow that. The problem is your length of service, which is less than 2 years. This means you have no unfair dismissal protection and cannot challenge an unfair procedure. So even if the employer completely fails to deal with your appeal, you cannot realistically (and legally) challenge that. So whilst it is only 3 days late, do give it a bit more time, for example until next week. However, keep in mind that even if they never actually deal with it, you cannot legally challenge them over that.

Does this answer your query?

Customer: replied 7 days ago.
Answers what i need to know for now. I have no intention of chasing it but they are being very slow and cagey on processing final salary payments, expenses and accrued holidays etc. If there was a final query if you don't mind. At the formal meeting when dismissed i was first told that i would be paid up until the date of the formal hearing and then the HR person corrected herself to say it would be up until receipt of letter. Letter dated 18th, envelope date stamped 20th vis special delivery i was out 21st so collected 23rd. When do they have to pay me until?

It is generally accepted that the notice of termination becomes legally valid once you have received it, so in your case it would be 23rd. There is some case law to back that up:

https://www.taylorvinters.com/article/when-does-an-employer-give-valid-notice-of-termination/

Customer: replied 7 days ago.
Thanks Ben much appreciated. Andy

you are welcome and all the best

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