Do I have to finish work's appeal process if I've got Employment Tribunal?

[axlmouth]

Hi,

 

I've been given an employment tribunal hearing date. I got sacked in July and have been trying to have an appeal through work. We had one hearing that was aborted after a few minutes due to circumstances that called the managing director away. That was in Aug. The whole thing has caused me to lose sleep and weight on top of lost earnings and a damaged reputation.

 

I am on trade union rep number three because one got seconded then my employer made a complaint against the second, all of which has delayed things further. I am due to start a temp job soon and will have limited availability. I certainly do not want to be taking time off. My new union rep has no fight and thinks I will lose the appeal and the tribunal (which for some reason she thinks propbably won't even happen) and won't help me gather evidence such as witness statements. I feel I can not represent my case properly without these, but to interview people myself would surely undermine the statements, what with my bias etc. This rep is pushing me to go to the appeal just to "exhaust all internal options" before going to the ET, the sense of which I can see.

 

I find the managing director who is to hear the appeal a bully and he has done lots to make difficulties for me, such as the trumped up complaint againts rep number two. He didn't get round to trying to rearrange the appeal or answering some other queries until the letter informing him of the ET landed on him.

 

To try and cut it short, I feel work have had long enough to sort this out and I would like to just get on with the ET and my new temp work without the stress of an appeal through work, which I feel won't be properly done anyway because of my employer's nature and my rep's unhelpfulness. ACAS are now also involved and trying to help sort things out to aviod the ET, which I am very in favour of in principle.

 

Would it count against me if I do not do the appeal hearing my work is now trying to arrange, given that I have attended one (the one that got cancelled) and then tried for months to get a new date, which surely shows a willingness to co-operate? I am also showing willingness to get things sorted through ACAS, I have just no faith in getting justice through my union or my work and want to concentrate on my new job.

 

Sorry this has ended up a bit wordy. Any advice/ questions welcome please.

 

Thanks

[Sidewinder]

Providing that you have taken all reasonable steps to abide by the company's grievance procedures, then this should not count against you - there is, after all a time limit for lodging the claim, and you were at risk of timing out.

 

Just make sure that everything is documented in as much detail as possible.

[greendollar]

Hi Axelmouth ,

 

I would attend the appeal if I were you , even though its been over 3 months since your dismissal .

There's no doubt that your employer will uphold the decision to dismiss you and the appeal is only being arranged now due to a Tribunal claim landing on their doorstep.

It will help your case if you can show the Tribunal you have done everything you can to resolve the dispute and your employer is being totally unreasonable and certainly don't look very professional holding an appeal 3 months after your dismissal , their conduct will be frowned upon by the Tribunal and it can only help your case .