Appeal against dismissal

[FlagHippo]

I found out yesterday that after a Stage 3 warning/meeting a month or so ago that I am being dismissed. (I have been having a repeated illness that I am currently undergoing hospital investigations to try and resolve, and have doctors notes covering all my absences).

My union rep is off at the moment, I want to appeal and conscious that you only have 3 days to appeal I typed up a letter and handed it in. Basically all it said was that I would like to appeal, I didn't put the reasons in the letter as I thought that would be covered at the appeal hearing? On reading a few threads on here I realise I may be wrong about that. Does anyone know for sure? Should I have stated my case in the letter?

Thanks in advance for any help/advice

[fishtank]

No..you did the right thing.
You will have a chance to put forward your case at the appeals hearing.

6. APPEALS AGAINST DISMISSAL

If the employee wishes to appeal, he/she should tell the manager who imposed the penalty within 3 working days of the written notification of the decision to dismiss. A hearing will normally be arranged within 4 weeks and the employee will be notified in writing of the time, place and manager dealing with the appeal 5 working days or earlier by mutual agreement.

An employee who appeals can be accompanied by their relevant union representative or a colleague from the same work location. The appeal is a re-hearing of the case. If new medical evidence comes to light at the appeal the Appeal Manager may adjourn the hearing to seek the advice of Employee Health Service.

The employee will normally be told of the outcome of the appeal within 5 working days. If there is significant delay the individual will be informed of the reason and likely new date. In all cases the employee will receive a written notification of the decision with reasons.

Dismissals will take effect from the date specified in the dismissal letter. If management is unable to arrange an appeal in a reasonable time, an offer extending the notice period may be made, at management’s discretion.

In the event of a successful appeal and consequential reinstatement, continuity of employment will be preserved.

[ebbzie]

Have you contacted a employment solicitor???
If not do it asap

[blackadder]

you got the appeal in thats the main fing. you can put meat on the bones at the hearing. is this your first 3rd stage warning over this illness ??

[FlagHippo]

Have not contacted a solicitor as I was waiting to speak to a union rep, now I have, they didn't really say much so I guess the next step will be contacting a solicitor.

Yes, it was the third stage warning over the same thing. I am hopeful of the appeal being successful as I got some hospital results which show I am doing all I can to resolve it and that it will be under control shortly. Fingers crossed anyway

[blackadder]

geting a brief may be a waste of time, see what happens at the appeal. to be honest if u realy are ill and got docs letters then you more then likely win the appeal. hold tite and if you dont get the appeal by end of sept then go to a brief and sort a et1 form out

[FlagHippo]

Got my appeal, its on the second week of September. I'll have finished working my notice by then, fingers crossed I get to go back.

I'm going to speak to a solicitor before as the initial conusltation is free so won't do any harm to get as much advice as possible

[patrickstar]

put in an employment tribunal claim et1 anyway.royal mail will probably try and drag out your appeal.you only have 3 months from your dismissal to apply for an et1
your union rep will help you

[brothermagrew]

Although i may be wrong i am sure i read somewhere that it is actually 3 months less-a-day.

[FlagHippo]

Although i may be wrong i am sure i read somewhere that it is actually 3 months less-a-day.

After speaking to a solicitor, you are a correct it is 3 months less a day. He said from the date of my last day at work but I will count it from the date of my dismissal to be on the safe side.

My appeal is next week and I still have 2 months after that to put in an ET1 claim so will leave it for a week or so after the hearing and see if they get back to me

[bitchface]

QUESTIONS

if your notice has finished before the appeal hearing,then you are no longer an employee.therefor there is nothing to stop you taking in a solicitor...correct?

also nothing stopping you firing in a tribuneral form now.as with the letter you just need to start the ball rolling.no need for specifics..correct?

[keithposty]

It is true that there is nothing stopping you from putting in an et1 claim now
But

An ET tribunal would have expected you to go through the internal appeals process first,
That will get you a 25% uplift on any compensation

If royal mail drag it out, then it is most important the et1 claim form goes in no later than 3 months less one day from end of service

[FlagHippo]

On the unions advice we have put in an ET1 form. Had the appeal which went quite well I think. Just have to wait and see what they say now I suppose

[FlagHippo]

Still waiting to hear.....

In the mean time I am applying for other jobs just incase, not got anything yet though.

I was told that you have to put the Human resources address for job references is that correct? And can anyone tell me what is on a Royal Mail reference, will it say I was dismissed or just dates I worked there?

[neilfair]

FlagHippo, I don't understand how yours wasn't a classic case for IHR. In our office people have mirrored your experience and received a lumper. Not sure if you wanted this anyway, and obviously you are now appealing for your job back, it just seems you did fit the criteria Atos go by when retiring people.

Good luck mate.