Disciplinary hearing decision and sick leave - does it suspend the appeal?

[papasmurf1cx]

Why did the external stakeholder 'turn' on you? And "frenchness didn't do me any favours" , how?

 

Many on here take employers to the ET with no more knowledge than you at present and the sure knowledge that they have been shafted. As long as you have a genuine grievance people on here will help. I do understand your position in trying to maximise earnings to enable you time and space to find a way out, but as you realise we like genuine cases and sometimes can be quite pointed when people admit to wrong doing and don't want to take the punishment.

 

I sense frustration at the employer (and there clients) and a stitch up. I also sense that your salary is more substantial than most on here. The principles are quite simple though whether low paid or a high flyer.

 

Your personal situation complicates things though as fighting legal battles on both fronts has to be difficult... I know I have been there (several times)!

 

Are you saying you don't want to issue proceedings when you are dismissed?

[froginlondon]

@ papa

 

i am no banker or fat cat expat, sadly! I am unlikely to issue proceedings once dismissed, on the basis that i will have to progress other options in my life. I wish I had very strong evidences to bring to tribunal and therefore be in a position to compromise with my employer. However they have followed the process by the letter, and to that respect, they cannot be summoned to court.

 

So, yes, it is completely a stitch up, and indeed this leaves with me with a sour taste.

 

Re, other points made by yourself and conciliator, yes - my case is genuine, and my intentions were primarly to extend my employment. However this follows suggestions from other legal personnel and I was to have some other opinions. Not here to bend the rules and wasting your time and energy is definitely not my intention. I am in need of help, I have questions in mind, I want to ensure I do follow law, and to these respects, I have contacted people on this forum to further understand my case and the outcomes to follow

 

again, thank you all for your kind contributions

[CONCILLIATOR]

“Not here to do wrong, but to restore a bit of justice/fairness into my case by abiding to employment law (that line is for you conciliator).”

There are those on here who like nothing better than quoting employment law. There are also those who can quote with the deftness of Supreme Judges from cases that have already been through the tribunals and courts, some may have been similar to your own, from which guidance could have been sought.

They could have provided solutions to your particular issues if asked, but that was not what was asked for.

[froginlondon]

@ conciliator I have no idea what you are after, but clearly you are barking at the wrong tree. Good bye Batman

[froginlondon]

hello

 

me again... Out of curiosity, why would an employer really insist on having employment to terminate on a Friday? And how would they manage the handover, if any?

 

Lastly, are they in their rights to pay my notice within 45 days??? I found this really excessive in my compromise agreement!

 

cheers

[froginlondon]

@ papsmurf

 

sorry to hear you too were in the thick, and at many occasions! Not fun to fight on all fronts...! Just tell me you saw the end of the tunnel, please!

 

Tks everyone

[CONCILLIATOR]

hello

 

me again... Out of curiosity, why would an employer really insist on having employment to terminate on a Friday? And how would they manage the handover, if any?

 

Lastly, are they in their rights to pay my notice within 45 days??? I found this really excessive in my compromise agreement!

 

cheers

 

Your very first posting:

 

“my company is to issue their disciplinary hearing decision in writting while i am not there (monday). The decision is very likely dismissal. I will have 5 days to appeal.”

....................................

“This is for Monday 31st Oct, so fairly urgent! many thks”

 

Out of curiosity, how can you foretell what termination day your employer is going to insist on and what the notice or notice payment arrangements are going to be two days before the letter advising you of their decision is to be issued to you?

 

Not to mention the fact, according to your own post, that you have five days to appeal, which could delay your dismissal for even more time, and that your own preferred option would be to pursue this matter legitimately, deception being futile.

[froginlondon]

@ all

 

my company has issued their decision. Awaiting the letter. Still off sick.

 

Will write once i receive the letter (today or tomorrow). And ask for the appeal to start from reception of the letter. I am not working and I am not meant receiving emails etc. I have advised my employer of my illness and incapacity to work.

 

I think I will appeal. They havent even given me a blame. They dismissed me straight away.

 

Such a stitch up. I am fuming! Even though i knew this was to happen.

 

Anyways- anything else i should know / consider? Am I doing the right things, re: appeal, 5 working days etc?

 

tks

[CONCILLIATOR]

Of course you should appeal.

Be sure to enclose a sick note from your doctor advising your ex-employer of the life-threatening consequences of their actions in forcing you to deal with all this in your condition.

[froginlondon]

Hmmmm

 

thanks, but.... arent you a bit sarcastic? Sorry, please let me know. If keen on helping me...

 

tks again

 

FIL