Will this help at an appeal?

[Ricky100]

Hi, I have already posted this thread http://www.consumeractiongroup.co.uk/forum/employment-problems/256905-help-dismissal-please-gross.html#post2892199 if you need to know the full details please look here - I have had some helpful replies.

 

However, while waiting for my appeal date against gross dismissal, I have been doing some research but want peoples opinions if this will help me or not.

 

I have taken a look at the ACAS disciplinary procedures, and it seems my employer didn't follow the disciplinary procedure properly. Basically, I was suspended on full pay for one week for a "full investigation", however, in the disciplinary hearing, my employer had not viewed the CCTV footage and decided to view it during the adjournment time. ACAS state that the adjournment time during the disciplinary should be used to "look at the employee's record, take into account any other sanctions the employee has and take into account any other special circumstances". All of which my employer did not and has not done.

Also, during the disciplinary hearing, my employer did not take into account the witness statement (which also supported what happened that day - in my favour) nor did he take into account anything else, just a 2 minute CCTV footage and "his own beliefs" (his words)

 

Will bringing this up at my appeal help as I feel he has not taken everything into account, and it felt like he had decided to dismiss me before I'd even entered the room!

 

Many Thanks

Richard

[Bigredbus]

Hi Richard,

 

You should tread carefully here as a failure to follow the Code does not, in itself, make your company liable to proceedings.

 

The question you MUST ask is... was dismissal, as a sanction, one within the range of reasonable responses to the conduct which a reasonable employer might reasonably have imposed?

 

Your employer did not take into account various parameters... (a) attendance, (b) never had an accident, etc... and did not take into account the witness statement.

 

The face value of your contract of employment is also a matter to be raised. Do you truly and reasonably believe that it is an underlying reason for their decision to summarily dismiss you?

 

I, also, remind you that your employer has to act consistently... and should impose similar sanctions to similar offences...