Dismissal

[Diane39]

Quick question for anyone who can help - a colleague has been dismissed for Gross Misconduct,the letter they have received they have the right to one appeal,does the letter have to have an appeal letter attached or is it just yourself writing the appeal letter. The reason I ask this is at my previous job when representing a colleague for Gross Misconduct the dismissal letter had an appeal letter attached.

I hope this makes sense and any help would be appreciated ASAP

[rehabron]

Quick question for anyone who can help - a colleague has been dismissed for Gross Misconduct,the letter they have received they have the right to one appeal,does the letter have to have an appeal letter attached or is it just yourself writing the appeal letter. The reason I ask this is at my previous job when representing a colleague for Gross Misconduct the dismissal letter had an appeal letter attached.

I hope this makes sense and any help would be appreciated ASAP

There is no appeal letter attached it would be yourself writing the appeal letter or the union on your behalf.
In this letter you would have to give a reason for the appeal e.g. punishment excessive in relation to the charge.
The appeal hearing is a complete re-hearing of the case and you can introduce any documents that were not available at the time.
The appeals manager can only uphold, revoke or reduce the decision.

[Diane39]

Thanks for the update,the employe in question spoke with ACAS today who has advised what to write in the appeal letter,they have said that they can get involved now at any stage if Royal Mail take to long deciding what action to take.

[BoltonPostie]

Quick question for anyone who can help - a colleague has been dismissed for Gross Misconduct,the letter they have received they have the right to one appeal,does the letter have to have an appeal letter attached or is it just yourself writing the appeal letter. The reason I ask this is at my previous job when representing a colleague for Gross Misconduct the dismissal letter had an appeal letter attached.

I hope this makes sense and any help would be appreciated ASAP

There is no appeal letter attached it would be yourself writing the appeal letter or the union on your behalf.
In this letter you would have to give a reason for the appeal e.g. punishment excessive in relation to the charge.
The appeal hearing is a complete re-hearing of the case and you can introduce any documents that were not available at the time.
The appeals manager can only uphold, revoke or reduce the decision.

There should be an appeal letter attached telling you of your right to appeal and how many days you have to do it in,it is a big if they have not put it in.

[rehabron]

The content of the letter confirming the dismissal will state your right of appeal to the decision which must be lodged within 3 days of the letter date.
RM will reply within 5 days confirming the appeal and the time scale for a hearing for serious offences is 4 weeks unless this has been extended and confirmed in writing.

[flaminmoses]

Dont forget 90 days minus 1 to get your tribunal claim in.
They may stall the appeal date deliberately.....

[gluteus maximus]

The three months less one day qualifying criteria for an Employment Tribunal no longer applies. You have to go through Acas now who will give you a code number to input into the ET claim after any negotiations, disagreements have been exausted between employer and employee

[Diane39]

It's all done through ACAS,so for example if your planning on taking RM to a tribunal you must notify ACAS who now

negotiates terms with RM or any company under what's known as Early Conciliation.

ACAS will try and negotiate to come to some sort of agreement whether that's reinstating the employee etc,the last thing any company wants is to be taken to a tribunal,to be honest with you RM don't have the best track record of winning any cases due to the managers not understanding and applying the process correctly. You have to bear in mind that most RM Managers are ex postmen who applied for managers positions with no managerial experience hence the reason most go back to been posties as they can't hack the job or the pressures from the DOM