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Employment Problems Do you have problems at work for any reason including disability, harassment, discrimination? Are you facing disciplinary action? Are you failing to get employment because of some disability or discrimination problem? Discuss it here.


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Old 23rd July 2008, 11:08   #1 (permalink)
ohdear66
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Default Is there a time limit for employers to hold appeal meeting?

As the title says really,is there a time limit or could they keep us waiting for months?

Holly
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Old 23rd July 2008, 19:26   #2 (permalink)
elche
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Default Re: Is there a time limit for employers to hold appeal meeting?

Appeal meeting to what a grievance or disciplinay action?
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Old 24th July 2008, 19:08   #3 (permalink)
ohdear66
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Default Re: Is there a time limit for employers to hold appeal meeting?

DISCIPLINARY ACTION (GROSS MISCONDUCT DISMISSAL).

Sorry for the capitals! He has already sent off appeal notice and we've rec'd a letter saying that they accept that but heard nothing for weeks since! Also requested copies of all documents from his personal file and not had that either.

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Old 24th July 2008, 20:49   #4 (permalink)
elche
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Default Re: Is there a time limit for employers to hold appeal meeting?

No as far as I am aware there is no statutory time limit on appeal descision.

However your company handbook may state a contractual time limit in which it should be dealt with. In teh absence of a company handbook ACAS guidelines state:

What should an appeals procedure contain?

It should:
  • specify a time-limit within which the appeal should be lodged (the Code recommends five working days as usually appropriate)
  • provide for appeals to be dealt with speedily, particularly those involving suspension or dismissal
  • wherever possible provide for the appeal to be heard by someone senior in authority to the person who took the disciplinary decision and, if possible, who was not involved in the original meeting or decision
  • spell out what action may be taken by those hearing the appeal
set out the right to be accompanied at any appeal meeting.

If you have over 1 years service before your dismissal and have not heard from your employer after 10 weeks consider bringing an ET claim. You only have 3 months from date of dismissal to submit your ET1. Whilst this may be extended in cicumstances if you genuinely believe an appeals process is underway, I would not risk it personnaly. Seek proffesional advice. Employment Tribunal's do not like GM dismissals. If you had over 1 years service and it was not a cumulative warnings dismissal your empoyer must have crossed all the I's and dotted all the T's to make a summary dismissal a fair dismissal.
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