Disciplinary Hearing Next Week - please help!!

[mariefab]

For now your OH could follow up on Andie's idea to discover whether any notes of the disciplinary meeting exist.

You could send a polite little email;

Thanking him for his latest letter, confirming that your OH will attend the appeal hearing and asking if would be so kind as to forward copies of any disciplinary hearing notes in advance of the appeal hearing.

 

Rebel's secret weapon has given me a devious idea, I'll get back to you later if it checks out.

[hardworking_harddoneby]

For now your OH could follow up on Andie's idea to discover whether any notes of the disciplinary meeting exist.

You could send a polite little email;

Thanking him for his latest letter, confirming that your OH will attend the appeal hearing and asking if would be so kind as to forward copies of any disciplinary hearing notes in advance of the appeal hearing.

 

Rebel's secret weapon has given me a devious idea, I'll get back to you later if it checks out.

 

 

Thanks again Marie, I will send that reply in a moment, just asking for notes from the disciplinary or the 1st informal meeting on Monday 5th as well ??

YOU are my real secret weapon by the way

 

xxx

[hardworking_harddoneby]

For now your OH could follow up on Andie's idea to discover whether any notes of the disciplinary meeting exist.

You could send a polite little email;

Thanking him for his latest letter, confirming that your OH will attend the appeal hearing and asking if would be so kind as to forward copies of any disciplinary hearing notes in advance of the appeal hearing.

 

Rebel's secret weapon has given me a devious idea, I'll get back to you later if it checks out.

 

 

Hiya, sent the email this morning, will let you know when i receive a reply.

 

xxx

[hardworking_harddoneby]

Hi everyone,

Got an email reply from HR today saying happy to comply with requests and minutes are ready for us to collect from hotel reception, will get them tomorrow now, but think they are typed only

 

x

[mariefab]

Final thoughts:

Health and safety regulations require that IF you had believed that the blast chiller represented a serious and immediate danger to health and safety you should inform your employer or any other employee of that employer with specific responsibility for the health and safety of his fellow employees.

Since the health and safety rep. himself was happily using the metal implement to operate the chiller you had no reason to believe that it was unsafe.

 

I had a chat with a friendly EHO who said that, no matter who the duties are allocated to, the responsibility for ensuring that cleaning standards are adequate lies with the proprietor of an establishment.

Also, that the labelling and cleaning issues described would, at the very worst, result in an improvement notice.

 

Good luck! I hope that you get; the dismissal overturned, the notice pay to which you are entitled and a couple of copies of a very good reference.

[hardworking_harddoneby]

Hi everyone.

So, OH attended the appeal meeting today,

 

He sat down and boss said sorry I have to conduct this appeal, it is a very small hotel so there is no choice then he started asking questions to matters irrelevant to the appeal in an aggressive manner, OH stated that those issues on the email are what he came to discuss and get Boss's reply on but Boss just kept saying "Are you refusing to answer my questions?" so OH told him that he would discuss the appeal or the meeting was over, and Boss was getting irate so OH walked out.

I'm beside myself today, it's all been too stressful and i know it must have been hard for my partner (he was starting to have a panic attack this morning) but I feel let down.

I am expecting we will get a letter from boss later but what if that is now situation closed?

x

[andie_303]

did he manage to record it by any chance?

[andie_303]

I think perhaps your hubby should get in first with a letter of his own - complaining about how the appeal was held.

[andie_303]

Hi everyone,

Got an email reply from HR today saying happy to comply with requests and minutes are ready for us to collect from hotel reception, will get them tomorrow now, but think they are typed only

 

x

 

Did you manage to collect the notes - are they accurate as your hubby recollects?

 

If not I would write and ask for the handwritten copy as you feel they are not accurately reflecting the meeting as it happened.

[rebel11]

Hi everyone.

So, OH attended the appeal meeting today,

 

He sat down and boss said sorry I have to conduct this appeal, it is a very small hotel so there is no choice then he started asking questions to matters irrelevant to the appeal in an aggressive manner, OH stated that those issues on the email are what he came to discuss and get Boss's reply on but Boss just kept saying "Are you refusing to answer my questions?" so OH told him that he would discuss the appeal or the meeting was over, and Boss was getting irate so OH walked out.

I'm beside myself today, it's all been too stressful and i know it must have been hard for my partner (he was starting to have a panic attack this morning) but I feel let down.

I am expecting we will get a letter from boss later but what if that is now situation closed?

x

 

As I said you can't expect to get any sense out of the Boss. The Boss is

struggling, because things aren't going the way he invisaged. He expected

your other half to lay down and take the rubbish.

I would send him an innocent e-mail requesting the address of the local

Health & Safety Executive and how to get there. Keep your head up.

[hardworking_harddoneby]

Hi everyone, no I think my OH feels like it's done now, he's had enough... but I think he's mad to leave it and i need revenge on that boss, i hate him. xxx

[hardworking_harddoneby]

did he manage to record it by any chance?

 

 

No, we couldn't borrow anything decent enough to pick up through a pocket and certainly couldnt afford one :

[rebel11]

O.K. good luck with what ever you decide to do.

[andie_303]

I know its easy to say from the outside - but letting it go is like saying "he was right to sack me" - and he wasn't right - does you hubby really want a sacking on his CV?

 

I really think he should get in first and send a letter about the way his appeal was handled and request a hand written copy of any minutes to be provided immediately - it would be interesting to see how reflective the notes are of what actually happened. If they don't reflect it a grievence needs to go in straight away.

 

It can all be used if it goes to ET

[hardworking_harddoneby]

I know its easy to say from the outside - but letting it go is like saying "he was right to sack me" - and he wasn't right - does you hubby really want a sacking on his CV?

 

I really think he should get in first and send a letter about the way his appeal was handled and request a hand written copy of any minutes to be provided immediately - it would be interesting to see how reflective the notes are of what actually happened. If they don't reflect it a grievence needs to go in straight away.

 

It can all be used if it goes to ET

 

 

I totally agree with you, I meant I feel let down by my other half,,, i could scream right now.... but he thinks it would be a lot of hassle and boss would employ best lawyers and we;d be even more in debt than we are already when he loses

[andie_303]

surely you would qualify for legal aid at this point?

 

I don't think there is anything stopping your OH from raising a grievence and getting the notes at this point and then making a decision when all other avenues have been exhausted.

 

But I guess it has to be his decision

[hardworking_harddoneby]

surely you would qualify for legal aid at this point?

 

I don't think there is anything stopping your OH from raising a grievence and getting the notes at this point and then making a decision when all other avenues have been exhausted.

 

But I guess it has to be his decision

 

 

Hi everyone

Just wanted to say that partner did call ACAS the following day and eventually got a call back from someone who is going to try and mediate. He has since been in touch to say he has spoken to the other party and is getting some information and will be back in touch, and it could take some time, well that was about 7 weeks ago so I will report back when we hear anything new.

Sorry I didnt update sooner, we have had more pressing issues involving evictions and bailiff troubles that can be seen in the relevant forums if anyone has any knowledge in the above I'd really appreciate your opinions,

But will be back soon anyway and thanks again xxxxxxx

[mariefab]

Did the hotel proprietor ever get in touch with your OH again after the appeal hearing?

For example, a letter/email saying that he upheld the original decision to dismiss.

[hardworking_harddoneby]

Did the hotel proprietor ever get in touch with your OH again after the appeal hearing?

For example, a letter/email saying that he upheld the original decision to dismiss.

 

 

Hiya, long time Mariefab, hope youve been well,

 

 

Yes he did, dated 5th November 2009,

 

He goes into loads of detail on the issues again, (i have a scanner now I can upload the originals now if u like? And if so, is it photobucket.com i have seen on here?)

 

 

Then concludes with

 

I am afraid that following my review of the Grounds of Appeal that you have put forward, I am not persuaded by any of the issues that you have raised to overturn the finding of gross misconduct and the subsequent decision to summarily dismiss you. I hope that the reasoning underlying my decision is clear. If however you would like me to further clarify the reasons for my decision, please do not hesitate to contact me.

 

Yours sincerely,

 

 

********** *************

 

 

I also have more info of the constructive dismissal folllowing a very indiscreet HCEO visit in February where his boss was made aware of our personal difficulties.... i have a witness who will support my partners claims that the HCEO told reception and anyone within earshot of the reception that he was an officer of the court with a warrant for mr **** ****** (my partner) and things turned sour with the boss after this visit.... xxx

[mariefab]

Yes, photobucket does work on here.

 

If you scan and post the whole letter make sure that you obscure any names or other identifiers.

 

I think that the only thing that you can do now is make an Employment Tribunal claim for unfair dismissal.

Please note that the clock is running out on this because you only have 3 months less one day from the date of dismissal to do this.

If I remember correctly this will need to be done within days.

[elpulpo]

Something to bear in mind, if you were to go down the ET route, is that any award made would only extend as far as the date of OH's notice. He wouldn't be able to claim for loss of wages beyond that.

You wouldn't be looking at 'big money' therefore.

[hardworking_harddoneby]

Yes, photobucket does work on here.

 

If you scan and post the whole letter make sure that you obscure any names or other identifiers.

 

I think that the only thing that you can do now is make an Employment Tribunal claim for unfair dismissal.

Please note that the clock is running out on this because you only have 3 months less one day from the date of dismissal to do this.

If I remember correctly this will need to be done within days.

 

 

 

I thought if you were dealing with ACAS it was ongoing..

 

Ive been wanting him to ring a legal aid solicitor regarding his constructive and then unfair dismissal for ages because he did have no option but to leave, the boss was insinuating he was cooking the books as well as the food. :-oxxx

[hardworking_harddoneby]

Something to bear in mind, if you were to go down the ET route, is that any award made would only extend as far as the date of OH's notice. He wouldn't be able to claim for loss of wages beyond that.

You wouldn't be looking at 'big money' therefore.

 

 

I have always thought that ACAS was dealing with the unfair dismissal action, and once resolved if favourable to my partner we would proceed with the constructive dismissal claim.

 

On the comment about loss of wages. By doing what his boss did and sacking him, my other half missed out on a very valuable reference, it had hindered his search for jobs, and success of his applications. I know he hadnt got a job when he resigned well he sort of did, working for my brother in law, but his restaurant is closed at the moment, and that is going against us with our claim for housing help, apparently we brought it all on ourselves and it goes to make us intentionally homeless.....

How can a judge not see that no other place was willing to wait 3 months for him, in fact he had 2 job offers but neither would wait the notice period and when partner approached after sacking they had already found other people. SO with pressure from me and family members he resigned, planning to apply for jobs once he got down to 4-6 weeks notice left, he never got that chance.

But then again even if we dont win anything, just make a stand against the bully boss Ill be happy, as long as not massively in debt as a result, cause as u can see from my current posts in the debt and bailiff forum, we are already penniless.

 

xxxx

xxx

[orfoster]

Are you still waiting to hear back from ACAS?

 

It would seem that if you only have days to go before your deadline to bring a claim to the ET I would start looking to submit your ET1 as soon as possible.

[mariefab]

What exactly is your OH's arrangement with ACAS?

Has he received any documentation from them at all?

 

If you haven't heard from ACAS for 7 weeks I would suggest that perhaps your OH's ex-employer is either not answering ACAS or is stringing them along and delaying things until 13th January passes (after which you will not be able to make any kind of Employment Tribunal claim).