unfair dismisal. do I have a case?

[DNA123]

I am able to collect the documents from a member of the registrar office. They will meet me at reception. The deadline is Thursday.

 

no news on the statements. I will wait or tomorrows post to see if the first aiders statement arrives. If it doesn't I will ask her if I can collect a statement in person. The other statement is from my colleague. I have left a message for her today to call me so I can chase it up. She is young and gets a little intimidated by situations in the workplace.

 

I spoke to a gentleman from registrar on Thursday who assured me I was ok to hand it in by hand. He is a well known person within the company and people will know he has been my contacted.

[Ell-enn]

That's fine, lets wait and see what tomorrow brings. It's only a question of referencing the appendices when we get them.

 

Stay positive,

 

Ell-enn

[DNA123]

Just been the doctors and got a copy of the it or work form. should I scan that one too?

 

Will see if anything has come in the post when I get back. I am confident the first aider will have her statement with me shortly. She is very professional.

 

the duty manager is in today. I have let a message for him to call me.

 

The girl doing the statement has still not contacted me. I don't think she wants to get involved now. Do you think the appeal can be edited a bit for that? She was the only one coming forward to say they sent me home.

[Ell-enn]

No problem, we'll see where we are this afternoon, and work with what we've got. Don't worry - we have a good appeal in progress - I don't think they'll be expecting such a detailed response!!

[Ell-enn]

Sorry, yes please do post the doctor's letter on the box.

 

You were awaiting a call from registrar yesterday regarding getting copies of documents for you to collect - did that happen?

[DNA123]

I was thinking that when I read it. I think the detail will really surprise them.

 

I havn't been called by registrar yet, but If I get a call from that duty manager the registrar wont be need to call. I am disappointed the havn't called though. They are supposed to represent me in the company.

 

my scanner is at my dads house. his computer is much faster. I will scan any documents this afternoon, about lunch time.

[Ell-enn]

That's great - I'll post again when I've read the docs.

[DNA123]

The doctors letter is in the box.

 

I got a call from that duty manager. He is going to get his incident report copied and then he will call me. He was very helpful.

 

I also spoke to a colleague who help with first aid on the day and he is writing a statement which he will have for me in the morning.

[Ell-enn]

Ok, I've seen the medical certificate - did you actually go back to work on the 27th August?

 

I'd be happier if you handed the appeal in tomorrow, rather than at the last minute. You need to photocopy everything we are sending - is there a library near you where you can use a copier (or does your home printer photocopy?).

[DNA123]

I can get everything photocopied. close of business is 6pm tomorrow. I will get everything photocopied tonight and get it handed in tomorrow.

 

 

They told me not to come in until the day after instead. something about being overstaffed.

[DNA123]

I think we should accept that the girl who was giving the statement will not be doing so now. I don't want to push her.

[kennythecelt]

Good Luck DNA!

 

Looks like you've had some quite exceptional and professional help from Ell-enn. Great work Ell-enn!!

[DNA123]

Thanks Kenny.

 

Ell-enn has been simply awesome. You should see the appeal she has written!

[Ell-enn]

You won't have everything you need tonight will you? you are waiting for the colleague to write a statement and give it to you in the morning.

 

Wait until you have everything together - we still need to edit the appeal document to reference the Appendices (which we don't have all of yet).

 

Let me know as soon as you have the statement and the duty manager's incident report.

[DNA123]

I am meeting my colleague David before work starts tomorrow to get his statement and hopefully the statement from that girl now.Apparently she was nervous about writing it out wrong but David is helping her. The duty manager has been unavailable most of the day in meetings (to be fare he genuinely is one of the busiest people in the company) but I should be able to get his in the morning also.

 

Like you said though, we will wait till the morning. I should have it sorted by 10am. (fingers crossed)

[DNA123]

Ell-enn, PM sent

[callumsgran]

Good luck with your appeal DNA, i hate it when employers think they are above the law and can get away with doing what they like!

It really ****es me off!

[DNA123]

Cheers Callumsgran

Ell-enn,. What actually happens once I have handed in my appeal?

[djgordyp]

I have been following this thread since I first came across it. So, DNA, I would like wish you all the best for tomorrow. Poor ell-enn must never leave her computer with all the help she gives everyone.

[Ell-enn]

DNA, once you have handed in your appeal your employer will write to you informing you of the date your appeal will be heard, who will be hearing your appeal and the place and time.

 

There's not much you can do while you're waiting for a date for the appeal to be heard - other than - stay positive. No appeal is ever a "sure thing" but in my opinion, I think you have a very good case.

 

Should it get to an ET, the tribunal would have to consider, not only if your employer acted reasonably in the circumstances, but also if any reasonable employer would have acted in the same way - and, only in my opinion, your employer did not act reasonably in those circumstances. I know I certainly wouldn't have dismissed someone who had the same absence situation as you!

 

Anyway, lets just get the appeal finalised and handed in, you can relax for a few days then.

[Ell-enn]

djgordyp, there's many more people on this site who work a lot harder and give much more time than I do - that's what makes this site so fantastic.

This thread has a lot of posts as there was a great deal of background info needed to put together a solid appeal, and DNA has put a lot of energy into collating and providing the relevant information. We should congratulate him on his positive attitude and courage in taking this to an appeal.

[DNA123]

thanks ell-enn.

 

I am going to PM a statement to you.

[djgordyp]

We should congratulate him on his positive attitude and courage in taking this to an appeal.

 

Indeed we should. Recently I had a grievence meeting with our manager and ended up saying very little of what I had intended to. So I can imangine how daunting an appeal hearing would be.

[tiglet]

subbing as I'm a nosey cow ... thought I'd be honest:)

[DNA123]

I have just got back.

 

I only have one statement so far.

 

The duty manager will give his statement provided the head of personal ok's it. That worried me a little. I spoke to the duty manager in person and he says he will call as soon as this happens. I stressed to him I needed to hand in my appeal by 6pm.

 

The girl giving her statement is a definite NO now. She called me this morning to say she was off sick and too ill to sign the statement. I think she got cold feet.

 

When I hand in the appeal do you think I should get written confirmation from the person who takes it as proof I have handed it in?