appeal

[Stella102]

can you win an appeal for wilful delay? or are you pretty much screwed, just want to know because a colleague of mine was sacked for this.

[TrueBlueTerrier]

can you win an appeal for wilful delay? or are you pretty much screwed, just want to know because a colleague of mine was sacked for this.

Without knowing the actual case, and I don't need to know, your best chance at an ET is to check for procedural errors and go down that avenue.

The dangerous part of going for innocent of the charge is that they are not concerned about that, only that the decision to dismiss was reasonable on the evidence known at the time. If there was a procedural failing that the dismissal could be considered unfair.

[daveyeff]

can you win an appeal for wilful delay? or are you pretty much screwed, just want to know because a colleague of mine was sacked for this.

Without knowing the actual case, and I don't need to know, your best chance at an ET is to check for procedural errors and go down that avenue.

The dangerous part of going for innocent of the charge is that they are not concerned about that, only that the decision to dismiss was reasonable on the evidence known at the time. If there was a procedural failing that the dismissal could be considered unfair.

even if that evidence is ''fabricated'' ??

[TrueBlueTerrier]

can you win an appeal for wilful delay? or are you pretty much screwed, just want to know because a colleague of mine was sacked for this.

Without knowing the actual case, and I don't need to know, your best chance at an ET is to check for procedural errors and go down that avenue.

The dangerous part of going for innocent of the charge is that they are not concerned about that, only that the decision to dismiss was reasonable on the evidence known at the time. If there was a procedural failing that the dismissal could be considered unfair.

even if that evidence is ''fabricated'' ??

If you can prove its fabricated then that's a gamble you could take. Although I would highly recommend getting a solicitor in to try to prove it.

However, even proving that a statement by one manager was fabricated, will not guarantee reinstatement or even winning the case. An ET does not look at the decision to see if it legal or above-board, there is no legal level proof or forensic quality of evidence required at an ET. The decision is judged totally on whether it was a reasonable decision based on the evidence at the time of the dismissal.

Just to clarify - reasonable decision is nor measured on what we think reasonable, but what a dispassionate person not involved in the case would think is reasonable.

You could prove that the statement of a single manager was fabricated, or even that more than one manager colluded together to make the facts fit the case. However, if the dismissing manager was unaware they had, and the ET agreed that it was unreasonable for them to investigate such an accusation when they were unaware of the claim, THEN it COULD be deemed that the dismissed person though not guilty of the offence that got them dismissed was dismissed fairly.

Is this morally right - No. But it's always best to know of the possible consequences now, rather than after the fact.

[daveyeff]

well then they could get away with getting rid of anyone they wanted by just colluding together and conjuring charges out of a hat. surely there,s got to be some safeguards to prevent them from doing these kind of things

[TrueBlueTerrier]

well then they could get away with getting rid of anyone they wanted by just colluding together and conjuring charges out of a hat. surely there,s got to be some safeguards to prevent them from doing these kind of things

Didn't say it was right and it certainly should not be accepted, its merely my advice that's all.

You could go down the avenue of proving that it was a malicious act, or collusion by managers,I am just saying that historically it's not very successful.

Of course, if the evidence is strong, you could always go the Union route by asking for a strike ballot, or even just go unofficial, Crosby went official recently but not heard how well or not it went, Bridgewater went unofficial in July and that appears to have worked.

[flaminmoses]

its hard to asses based on what you have told us.

every case will be different imo.

could be something really small that could unhinge them