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Sacked, appeal on Thursday - **REINSTATED WITH BACK PAY**


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Hi

I filled an appeal after an unjust decision. I wrote to my employer listing 56 points of bullying breaches of employment law etc. My appeal is Thursday but they won't hear new evidence. I'm only going as it's part of the process. they'll not overturn which is good for me as it's tribunal all the way.

I just want to know, do I tell them I will take them to court, do I show my hand etc etc

I'm going on my own, they don't scare me anymore

Got a new job and loving it, if they overrule I'll resign anyway. Shall I tell them that. These are a council, been very naughty

Thanks

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this case?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?416975-suspended-on-trumped-up-charge-of-theft-of-time-please-help

 

on what grounds are you appealing?

 

did you resign before starting your new job? are you working for someone else while suspended on full pay?

 

56 points make you sound .. eccentric. unfocused.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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so you are appealling on grounds of harsh penalty?

 

No, 56 points = eccentric.... should be in a grievance, not an appeal. sounds like sour grapes.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Employment tribunals rarely get you that sort of justice.

 

I would not waste your money to be fair. If things were that bad you should of followed the proper grievance procedure AND then moved the tribunal route after resigning IF THE SITUATION WARRANTED IT

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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I agree with sabresheep. ETs are not about hurt feelings and apologies, they are about cash. Given you went straight from sick pay to new job (as I read it, you didn't answer that question) you have no loss.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Although you are feeling angry, it is essential to bite your tongue and concentrate solely on your points of appesl, which should be the same points you take to ACAS/tribunal.

 

Highlight any unfair process, bring in witnesses, if any and do not mention the tribunal at this stage as it makes you look unreasonable to not give them a chance to carry out due process.

 

If it is a sham, this will become obvious (stonewalling, ignoring a valid point). Make a careful note.

 

Only once you get your appeal outcome or the three month's deadline is nigh (watch the dates) should you consider moving to the next stage.

 

Do you have any point of law in your favour?

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Although you are feeling angry, it is essential to bite your tongue and concentrate solely on your points of appesl, which should be the same points you take to ACAS/tribunal.

 

Highlight any unfair process, bring in witnesses, if any and do not mention the tribunal at this stage as it makes you look unreasonable to not give them a chance to carry out due process.

 

If it is a sham, this will become obvious (stonewalling, ignoring a valid point). Make a careful note.

 

Only once you get your appeal outcome or the three month's deadline is nigh (watch the dates) should you consider moving to the next stage.

 

Do you have any point of law in your favour?

 

Thank you absolutely, breaches under equality act, disability, harassment. Not adhering to Acas guidelines. Refusal of 3 grievences, refusal to beat grievance appeal, the last goes on and on. They also went against occupation health advice and made me cancel my counselling after being raped.!! Such bullies. It's all on record and i have 5 years of evidence.

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I would pick out the main jurisdiction and maybe one or two others. You need to convince the tribunal the treatment is due to one or two identifiable issues.

 

Too many, and it makes it difficult for them to determine and too easy to reject them all.

 

The decision will revolve around, "Are the claims well-founded?".

 

Do not introduce doubt.

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Also consider what have you lost by being dismissed? The obvious one is salary difference or pension rights so if you do go to a tribunal you will have to quantify things so they can be put right.

You will never get an apology via a tribunal, you will probably be told this even if your other claims are upheld.

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Also consider what have you lost by being dismissed? The obvious one is salary difference or pension rights so if you do go to a tribunal you will have to quantify things so they can be put right.

You will never get an apology via a tribunal, you will probably be told this even if your other claims are upheld.

 

thanks, my job is only temporary, but i have lost a £26k salary, annual leave, pension, my health, my mind etc etc, references

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If you start making threats about Tribunal or resigning, that will undermine your case. I wouldn't prejudge the result of the appeal. Just participate properly in the process, and then consider your options when you have the result.

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Just an update...Its been 8 days and not heardf a thing. i emailed some eveidence over that they asked for that that they have not acknowledged despite 2 reminders. I have also not been given any notes etc. Shall i write to them and sak for the notes. My time limit for tribunal is up on the 30th October

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We can't tell you how to make them behave well. If in doubt lodge the ET.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Yes, write asking for acknowledgement of the evidence and for the notes.

 

You will need a paper trail of correct procedure (at least, by you) for the benefit of the tribunal. Point out you have asked several times, with dates, and request a response within seven days.

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You must now go through mandatory ACAS early conciliation before lodging a claim.

 

If you contact ACAS now and start the EC process, you should theoretically get an automatic one month extension to the limitation period, which would buy you some more time. The process is free, so there's no harm in raising it with ACAS now...

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  • 2 weeks later...

I have still not heard back from my appeal that was held on 25th Sept. I wrote to them and gave them until friday 10th october as advised by acas. heard nothing so i have now stated early concillation with ACAS. My old workplace are doing a really good job at showing how unprofessional they are and how i feel that they are still bullying me.

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