Manager not Impartial to hear Disciplinary Appeal

[RHep]

Can someone please advise me? I am appealing against a disciplinary which resulted in my dismissal. The Manager who chaired my disciplinary meeting is in a relationship with her line manager and I have asked that her line manager not chair my appeal as I don not believe they will be impartial. They have replied that as her senior manager they will chair the appeal but they will allow another manager to be present. Can they do this?

[honeybee13]

Hello there, welcome to the forum.

 

I think they may be able to do that, but it's not ideal. The others should be along later with some views for you. Have you had a look at the ACAS guidelines on their website? They are only that, guidelines, but if you have to take it further then an ET might not be impressed about their procedures.

 

My best, HB

[RHep]

Thanks HB, unfortunately I have only been with the company 6 months so am unable to take it to an ET. The whole process has been a farce! There was no previous formal verbal or written warning and I was given no support or training in my role. At my disciplinary I was interrupted constantly, as was my rep, and we were unable to put our case across. When I received the minutes of the meeting there are large gaps where they have failed to record points made me and my rep. The statements they have included from colleagues have no relevance to the issue they are disciplining me for and, if anything, they back up my case! i feel it's all a cover up just to get rid of me!

[honeybee13]

Hello again. I should have asked that, you're right unless the guys can come up with a reason to go to an ET.

 

I hope there will be more replies later.

 

My best, HB

[Edders360]

Hi, sorry to hear this happened to you. I am interested to know what happened. What were the reasons cited for your dismissal? Did you go to appeal? What was the basis of your appeal? What was the outcome? What sector did/do you work in? With best wishes.

[kingofrod]

In my appeal hearing following disciplinary hearing in which I was dismissed, the chair said at the very beginning "I'd have sacked you, too".... I know how you feel about hearings not being impatial, and you have my sympathies.

[Browncow]

Can someone please advise me? I am appealing against a disciplinary which resulted in my dismissal. The Manager who chaired my disciplinary meeting is in a relationship with her line manager and I have asked that her line manager not chair my appeal as I don not believe they will be impartial. They have replied that as her senior manager they will chair the appeal but they will allow another manager to be present. Can they do this?

I had something similar with my appeal and I got them to back off by quoting this case

 

http://www.employmentcasesupdate.co.uk/site.aspx?i=ed7977

[honeybee13]

Guys, can I just mention that this thread goes back to July last year?

 

HB

[ms_smith]

Thanks HB, unfortunately I have only been with the company 6 months so am unable to take it to an ET. The whole process has been a farce! There was no previous formal verbal or written warning and I was given no support or training in my role. At my disciplinary I was interrupted constantly, as was my rep, and we were unable to put our case across. When I received the minutes of the meeting there are large gaps where they have failed to record points made me and my rep. The statements they have included from colleagues have no relevance to the issue they are disciplining me for and, if anything, they back up my case! i feel it's all a cover up just to get rid of me!

 

 

Hello,

The fact that you have been 6 months with them only doesn't mean you cannot pursue any claims to ET.

If part of dismissal was their discrimination towards you or they have neglected your statutory rights (such as when they prevented you, at your disciplinary from putting your case across cos they constantly interrupted you - and you have a witness for it), you can still sue them, I believe.

 

Ha! HB, spot on!

But it is worth clarifying some issues, regardless of time.