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Eddeboo

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Posts posted by Eddeboo

  1. Thanks for all the warm welcomes.

     

    The appeal process has already started so I haven't missed the boat as a summary email has been sent. I am now following this up with a more formal letter (the HR Director was also on holiday last week so we have arranged to speak this week).

     

    mrsfoot - I have been paid for the whole month of June, not 28 days after the 8th June. When I spoke to Acas they said I have no ground to make a complaint about them not following process as I wasn't there a year so they don't need to follow the usual disciplinary procedures.

    - But the adviser did find it strange that they did it so close to 1 year service and still decided to pay in lieu, and perhaps there are grounds for me to complain if I believe their decision would be different had I been there 1 year and have more rights - ie. taking them to a tribunal.

     

    My probationary period was 3 months, so surely once you've passed that they can't fire you because they don't like you before 1 year?

     

    One thing I want to check straight away is it will weaken my case if I tell them I don't want to go back if they do offer me my previous position, or will this make them more likely to revoke the Gross Misconduct as they won't need to employ me again so it may save them a lot of hassle?

  2. Hi all,

     

    I stumbled upon this website from a Google search and I've been reading some historic posts and it certainly seems like you've been able to help a great deal of people.

     

    Story is:

     

     

    • 8th June 2012 I was fired for Gross Misconduct because of "process, performance and brand".
    • I joined this business on the 27th June 2011 (2 weeks short of being there 1 year).
    • I realise I don't have any rights to sue my previous employer as I wasn't there for a full 12 months (even though they decided to may me in Lieu of Notice and had they served the normal 28 days notice that would have taken me past 1 year's service).
    • I simply want to clear my name of this Gross Misconduct so they can provide me with a proper reference and I can say that I have left on my own terms.
    • I do not want to work there again because I felt they were trying to get me out of the door and I have since found another job (I start tomorrow 10th July).
    • Will it weaken my case if I say I don't want to work there again? - Note I work in the recruitment industry which is very incestuous so even though they can't give a 'bad' reference I have already put down on my reference contacts for my new position that my reason for leaving them is "currently under negotiation".

    I have sent a summary (I had to send email from my iPhone as laptop died on me) of why I want to appeal (I can attach/send as private message if requested). They have since emailed me back asking for all reasons for appeal and that's why I'm now in an internet cafe to send them more detail, once this is sent through we will arrange to meet or deal with the appeal by phone/email (which is likely to be only option for me as I've already started at the new job)

     

    I have looked through Acas and also spoke to their consultation line.

     

    I'm wondering if there are any sample appeal letters or templates I can use to strengthen my case?

     

    Also I have since joined the Union but they won't support with a current case and with the company being a sales company I doubt any of my previous colleagues will want to get involved because it's very easy to lose favour within sales environments.

     

     

    • In short, the outline of my appeal is that the rule I broke isn't a written rule in the employee handbook or contract and that they didn't follow the process (didn't tell me I was going into a disciplinary meeting so I didn't have time to prepare).

    Many thanks for your help,

     

    Ed

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