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dismissal
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fmrPOSTIE
- EX ROYAL MAIL
- Posts: 674
- Joined: 29 Oct 2008, 20:52
- Gender: Male
Re: dismissal
What was the outcome then sharonbar? Are you saying you still havent spoken to your rep?
Sorry but im beginning to wonder whether you do actually care about your job...yes everyone is entitled to appeal against a Dismissal. You must notify your manager within 3 days of being dismissed, that you intend to appeal. Yoyr case will then be heard again (a complete re-hearing) by a senior appeals manager.
Sorry but im beginning to wonder whether you do actually care about your job...yes everyone is entitled to appeal against a Dismissal. You must notify your manager within 3 days of being dismissed, that you intend to appeal. Yoyr case will then be heard again (a complete re-hearing) by a senior appeals manager.
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sharonbar
- Posts: 142
- Joined: 05 Nov 2008, 14:39
- Gender: Female
Re: dismissal
yes ive spoke to union rep but we dont know what the charge is yet an i havent had my interveiw so my rep can not help me yet but i recevied a letter yesterday saying im still suspended an when i return to work place i can seek support from help advice so a bit confussed there
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norbert
- Posts: 3027
- Joined: 15 Jan 2008, 01:46
Re: dismissal
the branch should be told about it and they MUST find you a rep who is trained to do RTU's & serious CofC , usually it's a area repsharonbar wrote:yes ive spoke to union rep but we dont know what the charge is yet an i havent had my interveiw so my rep can not help me yet but i recevied a letter yesterday saying im still suspended an when i return to work place i can seek support from help advice so a bit confussed there
If you are dismissed , put your appeal in within three days and get Form IT - 1 ( Application to Tribunal ) from the Dept of Work & Pensions , any dole office or Job Centre , RM will hope that you will be worn down by their appeals process and hope that you're daft enough to believe everything they say - Call their bluff .
You have to go through a preliminary hearing first with a application to tribunal , that's to decide if someone is taking the p*** or being a pain in the arse or not .
However Tribunals are not necessarily about how fair or unfair or right or wrong a dismissal was . They are about - have RM followed their own procedure ? - have they acted " reasonably " . If RM botch things as they do due to pressure , they have to be tripped up properly .
They've a habit of using their solicitors to pay people off before the Tribunal is due , first it'll be £500 then £1000+ , it's "amazing" how they offer more when the papers get a sniff of it
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TrueBlueTerrier
- FORUM ADMINISTRATOR
- Posts: 72692
- Joined: 30 Dec 2006, 10:29
- Gender: Male
- Location: On my couch
Re: dismissal
Yes you can appeal but the CWU does not have to fund it, they will assess each case on its merit and whether there is a chance of success at an ET. However, that is at the far end of the process. I believe there is an internal procedure that allows you to appeal a dismissal within RM channels but I don't know the details or if you get pay once dismissed, best to write down all your questions and see if the rep can answer them or even call Royal Mail employees help linesharonbar wrote:if you get dismised can you appeal an does the union fund it
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Big Daz
- Posts: 5668
- Joined: 17 Apr 2007, 20:27
- Gender: Male
Re: dismissal
There are two types of dismissal, one with 12 weeks notice were you may or may not be asked to work your notice and instant dismissal.
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norbert
- Posts: 3027
- Joined: 15 Jan 2008, 01:46
Re: dismissal
You have to be seen as to have exhausted RM's internal procedure . If you don't you may be deemed to be a troublemaker causing a stir by a Tribunal - Yes ! - it's laughable sometimes but that's how things work . RM know that , that's why they deliberately drag things out .TrueBlueTerrier wrote:Yes you can appeal but the CWU does not have to fund it, they will assess each case on its merit and whether there is a chance of success at an ET. However, that is at the far end of the process. I believe there is an internal procedure that allows you to appeal a dismissal within RM channels but I don't know the details or if you get pay once dismissed, best to write down all your questions and see if the rep can answer them or even call Royal Mail employees help linesharonbar wrote:if you get dismised can you appeal an does the union fund it
The important bit is that what may be " acceptable " on Planet RM with all the politics and pressure isn't necessarily acceptable in the real world .
There is nothing to stop you putting a IT form straightaway in though and it must be done within three months . Basically you're dealing with people that are supposed to be always one or more steps ahead , you have to anticipate where they are coming from and play them at their own game and / or be sharper than they are .
The Union's problem is that IT claims have to have a more than a 50 % chance of success , if they didn't have , they'd be accused of acting irresponsibly with the union's money funding weak claims . Secondly if RM find one point of law that is wrong in a case they lose , they'll take it to appeal . They can afford to throw money at things , the Union can't .
Let's just say there's more than one way of skinning a cat and that's why RM come unstuck sometimes .
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Stormproof
- Posts: 6116
- Joined: 07 Jul 2007, 21:03
- Gender: Female
Re: dismissal
I'm up for the sack aswell but I have hinted to the management that I will seek an ET if they fire me. Also am going to put a grievance in against the DOM when I come back off A/L.
So keep on moving, moving, moving your feet
Keep on shuf-shuf-shuffling to this ghost dance beat
Just keep on walking down never ending streets
Illegitimi non carborundum
Keep on shuf-shuf-shuffling to this ghost dance beat
Just keep on walking down never ending streets
Illegitimi non carborundum
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norbert
- Posts: 3027
- Joined: 15 Jan 2008, 01:46
Re: dismissal
Stormproof wrote:I'm up for the sack aswell but I have hinted to the management that I will seek an ET if they fire me. Also am going to put a grievance in against the DOM when I come back off A/L.
they may back off for a while - it's a result !- however they might see you as a loose canon that threatens their system so there will be a Mexican stand off for a while , then they'll come looking for you again as a " solution " . On the other hand even if they think they're being more subtle and devious than first time round , they often botch things all the way through
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Stormproof
- Posts: 6116
- Joined: 07 Jul 2007, 21:03
- Gender: Female
Re: dismissal
me, a loose cannon 
So keep on moving, moving, moving your feet
Keep on shuf-shuf-shuffling to this ghost dance beat
Just keep on walking down never ending streets
Illegitimi non carborundum
Keep on shuf-shuf-shuffling to this ghost dance beat
Just keep on walking down never ending streets
Illegitimi non carborundum
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shadow
- Posts: 494
- Joined: 02 Jun 2009, 18:17
- Gender: Female
Re: dismissal
So what are they trying to pin on you.Stormproof wrote:me, a loose cannon
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Stormproof
- Posts: 6116
- Joined: 07 Jul 2007, 21:03
- Gender: Female
Re: dismissal
Another S3, all started from having an AOD in January, still having problems now with my leg although I go out and do a full duty. Caught Swine Flu took 3 days off which has triggered a S3 even though a previous absence(linked to AOD) was dealt with at the last S3, so being punished for 1 absence twice..........hope that makes senseshadow wrote:So what are they trying to pin on you.Stormproof wrote:me, a loose cannon
So keep on moving, moving, moving your feet
Keep on shuf-shuf-shuffling to this ghost dance beat
Just keep on walking down never ending streets
Illegitimi non carborundum
Keep on shuf-shuf-shuffling to this ghost dance beat
Just keep on walking down never ending streets
Illegitimi non carborundum
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norbert
- Posts: 3027
- Joined: 15 Jan 2008, 01:46
Re: dismissal
they're gunning for youStormproof wrote:Another S3, all started from having an AOD in January, still having problems now with my leg although I go out and do a full duty. Caught Swine Flu took 3 days off which has triggered a S3 even though a previous absence(linked to AOD) was dealt with at the last S3, so being punished for 1 absence twice..........hope that makes senseshadow wrote:So what are they trying to pin on you.Stormproof wrote:me, a loose cannon
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hantsman
- EX ROYAL MAIL
- Posts: 876
- Joined: 14 Jul 2009, 09:33
- Gender: Male
Re: dismissal
norbert wrote:the branch should be told about it and they MUST find you a rep who is trained to do RTU's & serious CofC , usually it's a area repsharonbar wrote:yes ive spoke to union rep but we dont know what the charge is yet an i havent had my interveiw so my rep can not help me yet but i recevied a letter yesterday saying im still suspended an when i return to work place i can seek support from help advice so a bit confussed there- otherwise RM will instantly smell a weakness and it'll be a lamb to the slaughter .
If you are dismissed , put your appeal in within three days and get Form IT - 1 ( Application to Tribunal ) from the Dept of Work & Pensions , any dole office or Job Centre , RM will hope that you will be worn down by their appeals process and hope that you're daft enough to believe everything they say - Call their bluff .
You have to go through a preliminary hearing first with a application to tribunal , that's to decide if someone is taking the p*** or being a pain in the arse or not .
However Tribunals are not necessarily about how fair or unfair or right or wrong a dismissal was . They are about - have RM followed their own procedure ? - have they acted " reasonably " . If RM botch things as they do due to pressure , they have to be tripped up properly .
They've a habit of using their solicitors to pay people off before the Tribunal is due , first it'll be £500 then £1000+ , it's "amazing" how they offer more when the papers get a sniff of it. That might be a long shot .
Its an ET now unless you are in Ireland, there is no preliminary hearing for an ET. RM have roughly a 100 person legal team that is on a constant retainer. Acas will be informed and both parties writtern to. RM very rarely settle before the ET
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norbert
- Posts: 3027
- Joined: 15 Jan 2008, 01:46
Re: dismissal
sorry - the terms I use are a bit old fashionedhantsman wrote:norbert wrote:the branch should be told about it and they MUST find you a rep who is trained to do RTU's & serious CofC , usually it's a area repsharonbar wrote:yes ive spoke to union rep but we dont know what the charge is yet an i havent had my interveiw so my rep can not help me yet but i recevied a letter yesterday saying im still suspended an when i return to work place i can seek support from help advice so a bit confussed there- otherwise RM will instantly smell a weakness and it'll be a lamb to the slaughter .
If you are dismissed , put your appeal in within three days and get Form IT - 1 ( Application to Tribunal ) from the Dept of Work & Pensions , any dole office or Job Centre , RM will hope that you will be worn down by their appeals process and hope that you're daft enough to believe everything they say - Call their bluff .
You have to go through a preliminary hearing first with a application to tribunal , that's to decide if someone is taking the p*** or being a pain in the arse or not .
However Tribunals are not necessarily about how fair or unfair or right or wrong a dismissal was . They are about - have RM followed their own procedure ? - have they acted " reasonably " . If RM botch things as they do due to pressure , they have to be tripped up properly .
They've a habit of using their solicitors to pay people off before the Tribunal is due , first it'll be £500 then £1000+ , it's "amazing" how they offer more when the papers get a sniff of it. That might be a long shot .
Its an ET now unless you are in Ireland, there is no preliminary hearing for an ET. RM have roughly a 100 person legal team that is on a constant retainer. Acas will be informed and both parties writtern to. RM very rarely settle before the ET
- I might be a bit behind the times about preliminary hearings
However if a employer offers to settle it doesn't clear the employee of any offence . It is important not to be bullied by them , RM's tactics are usually to reinstate but with a warning still hanging over them , even if the original case was built on sand /somebody sacked on the flimsiest pretexts .
In any case they throw money at these ET's as it's apparently cheaper than redundancy .