Gross misconduct appeal?

[antistarv2 1]

I do not know because i never thought to ask the question, problem im facing is getting an appeal I was entitled to one and I in fact wrote via special delivery an appeal letter to which it was granted from my former GM. Problem is he never handed down the appeal to anyone else in the company and the company has no proof that I lodged for an appeal. I was given 28 days from time of the disciplinary and the GM left soon after.

[honeybee13 4,450]

So if the letter was sent special delivery, do you have a receipt to prove it was sent and received?

 

My best, HB

[antistarv2 1]

Ive unfortunately lost it as I was granted an appeal I wasn't expecting the GM's untimely departure theres evidence that I do have an appeal via email however the hotel is no longer corresponding with me at all.

[honeybee13 4,450]

Is this hotel part of a group? If it is, can you deal with th HR department?

 

My best, HB

[antistarv2 1]

I have contacted the HR department via email as well as explained the situation to the new manager via email but have not received any sort of correspondence back it seems like they are turning a blind eye to my appeal.

Edited June 11, 2011 by antistarv2

[antistarv2 1]

further more do you think it would be a good idea for me to try to get in contact with my former GM to explain the situation and see if he would be willing to give me an unbiased reference as he is no longer with the company?

[papasmurf1cx 454]

antistarv I would edit out the details of the company in previous posts or you could get and the CAG into trouble. FOi I don't think you should contact the GM. he didn't do you any favours and probably couldn't care less.

[antistarv2 1]

thank you i edited the details of the company the last thing i want is to get anyone else in trouble. I suppose your right but I am now stuck trying to see if i could at least get an unbiased reference. all my hard work there accounts for nothing because of a false accusation and by the sounds of it this could take a lot of time to get resolved hopefully they will listen to my solicitor if not me.

[Bigredbus 366]

Hi,

 

The fact that the General Manager resigned his position is irrelevant as they should have provided you with the opportunity to appeal...

 

Now, because you have there for only 8 months, you cannot, unfortunately raise a claim in an Employment Tribunal...

Edited June 12, 2011 by Bigredbus

[antistarv2 1]

I'm fully aware its irrelevant that the GM has left, im pretty sure they are using that as an excuse because they can clearly see that they have let me go under false pretenses. The annoying thing is they are now ignoring me I can't step into the hotel as in line with there policy they have banned me from the premises.

[Bigredbus 366]

That does no prevent you from sending a letter (Recorded Delivery) to the Managing Director or Senior Manager at their Head-Office stating the facts.

[antistarv2 1]

thats true however are they obliged to have to respond to that letter?

[Bigredbus 366]

No... They are not as they know that you do not fulfill the required conditions to bring a case before a tribunal, however it would show that a) there was no appeal, b) that you lodged an appeal within the prescribed time limit and c) that you find their lack of communication, in this matter, to be unfair and iniquitous.

 

If they were to provide you with unfair, untrue and inaccurate references in the future, then your letter could show that you tried to follow procedures and try to seek redress... Their lack of communication would then play a role as to show their laxism and indifference in your case...

[antistarv2 1]

I called head office to see where HR is situated and found that it was based in the hotel that I worked. I called the hotel to inquire about my reference because i wanted to know exactly what they were saying about me. At the moment that i called it seemed that the person in HR was on the phone but was assured that my name and contact details were handed over as soon as I got off the phone. I haven't heard a thing back since this morning and now am convinced that they are definitely ignoring my calls and any other form of contact. Do you think it would be advisable to seek legal advise now that they are in breach of the contract of employment in treating me unreasonably and ignoring my contractual right of appeal?

Edited June 14, 2011 by antistarv2