advce needed on suspended dismissal

[patrickstar]

hi
i was given a suspended dismissal and compulsary transfer to another office from where i worked in sept 2009,i put in an appeal.the appeal took months and months and eventually into 2010,after a partial appeal success i was put back into my old office but with the original 2 years suspened being in place. i have served my 2 years without any problems and i thought everything was ok until today.now my rep has told me that the 2 years suspended may only start from the end of the appeal conclusion date some 6 months later and not when i was given the original penalty.surely this cant be right as the original paperwork stated when the penalty would start.there was no mention in the appeal or conclusions about the appeal itself then delaying my 2 years suspended penalty dates

can anyone let me know for sure
thanks

[drb]

Dig out the old paperwork. It should stipulate this. What you are saying is its a 4 year term.

[patrickstar]

original paper work states 2 years suspended dismissal and compulsary transfer from office starting in sept 2009

i was then transferred with immediate effect out of the office but appealed

appeal heard in november 2009

conclusion in april 2010 ,sent back to original office but 2 years suspened dismissal still in place

sept 2011- thought it was over and could start again

told today by the rep that the 2 years might only start from april 2010,after the appeal was concluded?

[drb]

If the appeal was successful,(in you returning to your office), then I am presuming the suspended dismissal was too? However whether successful or not it has run it's course. Ask your area rep to get hold of your divisional rep. Also put in it writing and also email your area rep and local rep at the same time. That way they can forward straight to divisional.

[patrickstar]

the partial success of the appeal was only in that i should not have been transferred out of the office.the original suspened 2 years penalty was still upheld by the appeals manager and therefore i was still guilty on that part.my area rep has hinted at the 2 years suspended date starting from the appeal conclusions and not from the original penatly date

i cannot see why this would be the case as the penalty was implemented with immediate effect by transferring me out of the office surely?

[drb]

I agree totally. I have seen similar cases too in which suspended dismissals have remained on individuals records. OK, speak to your DOM/manager tomorrow. Ask him for a copy of your record from HR. This will state all previous and current,(it's only a page). Scan it to your rep/area rep,(via email).

[fishtank]

The punishment was handed out in sept 2009.
It was not lifted or suspended during the appeals process.
Therefore it expired in sept 2011.
I don't see how that's so difficult for your rep to understand.

[patrickstar]

thanks for your help ,much appreciated

[drb]

Glad to be of help. Fishtank, I agree, it's training for our reps that are required. I have stated this time and time again on this forum.

[wandle]

Might help for the rep to mention possible referral to an industrial tribunal (it's not just unfair dismissals they can look at). With any luck, the line manager will be as lacking in training as some of our reps and it might spook him.

Any fair-minded person would say you served your punishment and it ended in Sep 2011.