Ive been reinstated...now what?

[CornettoGospel]

Hello

 

About 9 weeks ago I was dismissed from work. Naturally I appealed the decision, and won my appeal (with the action being dropped to a final written warning with a 3 week unpaid suspension).

 

Obviously during these 9 weeks I have missed out on the wages I wouldve earned if I wasnt dismissed. So my question is, is my employer entitled to pay me for 6 weeks (taking into account the suspension), or is this a case of me chasing the issue up with Head Office?

[honeybee13]

Hello and thank you for posting on the forum.

 

Was this decision made by your employer please, as I imagine? It would help us to know if you have anything in writing from them.

 

Why weren't you suspended on full pay, which is usually normal? Also, what does is say in your contract or particulars of employment about disciplinary procedures, suspension etc?

 

Once you let us know a bit more, I hope we can get going on helping you.

 

HB

[CornettoGospel]

Yes the appeal and decision was done by my employer. I do have the outcome letter but it says nothing about lost pay or wages.

 

For these 9 weeks, I wasnt an employee of the company as I had been dismissed (so the full pay suspension wouldnt be applicible).

 

I do have the work handbook to hand, but theres nothing about what happens if I win my appeal against the dismissal.

 

From my point of view ive lost out on at least 6 weeks of pay becuase the original decision (made 9 weeks ago) has been overturned, so I should be enititled to the basic earnings I couldve made during that period (I think so anyway).

[honeybee13]

I see what you mean. I hope someone will be along to comment soon, but I can see that they might owe you compensation. Have you spoken to ACAS? Depending on the replies you get here, you might call their confidential helpline, number on their website. I'd have thought it's the kind of thing they would know about.

 

HB

[papasmurf1cx]

Hi cornettoG........ Well done on winning the appeal. Two things come to mind here, 1, if you were dismissed and that dismissal was overturned it is hard to see why the company should not pay you. write to them and ask them when you will be paid back pay. 2, I am always surprised when employers actually go with the employee on ocassions like yours. They are perhaps righting a wrong which they would punished even more if the case went to tribunal.

 

With you being on a final warning seems to suggest that either you have done something before to warrant action or they have leaped to a final warning to give themselves more time to 'do things properly' so to speak. Would you care to elaborate on what has gone on?

[mariefab]

When an appeal results in reinstatement the employee must be treated as if he/she had never been dismissed.

Usually this would mean that the employer would pay whetever was due for the time between the dismissal and the appeal.

 

In your case they have substituted a final written warning and a 3 week unpaid suspension.

So, they only have to pay you for the other 6 weeks.

[CornettoGospel]

Hi cornettoG........ Well done on winning the appeal. Two things come to mind here, 1, if you were dismissed and that dismissal was overturned it is hard to see why the company should not pay you. write to them and ask them when you will be paid back pay. 2, I am always surprised when employers actually go with the employee on ocassions like yours. They are perhaps righting a wrong which they would punished even more if the case went to tribunal.

 

With you being on a final warning seems to suggest that either you have done something before to warrant action or they have leaped to a final warning to give themselves more time to 'do things properly' so to speak. Would you care to elaborate on what has gone on?

 

Well they originally dismissed me for gross misconduct, even though this was the first time in my 3 years employment that ive broken any rules. I was reinstated on the basis that the orignal dismissal meeting did not follow procedures (so really Im a very very lucky boy!), although the company made it clear that they were right to dismiss me (what I did was exchange a winning scratchcard for a new one, self-service).

 

I will speak to ACAS about this, but im pretty sure that they should pay me 6 weeks worth of wages. Thanks for the help guys!