time limit on logging tribunal claim following appeal on disciplinary santion?

[ggneedshelp]

I know you have 90 days to log a tribunal claim following the outcome of a disciplinary, however is from initial sanction date or the appeal outcome date? thanks

[SweetLorraine]

Hi ggneedshelp,

 

you probably need to add a few more details for clarity, and what do you mean by 'sanction date'?

 

Cheers

[ggneedshelp]

Thanks for the reply. E.g if the sanction issued following the disciplinary meeting was given on 10th April (written warning), then I appealed and the appeal was upheld and dated 24th April - do I have 90 days from 10th April or 24th April? Hope this makes more sense. thanks

[SweetLorraine]

Hi ggneedshelp,

 

you are going to an ET over a written warning?

[ggneedshelp]

No..not decided yet. Its complicated but am now 'at risk' of redundancy, however I think they wanted to get rid of me so their way of doing it 'legally'.

[SweetLorraine]

Ah. Well hopefully it won't come to you losing you job.

 

I'm not a legal person by any stretch of the imagination, it would need some input from a couple of members that are.

 

I would say however that the Tribunal service appear to use a jurisdiction list in deciding what claims should be heard, which might help you right now to see if you have a claim of any sort at the moment.

 

http://www.justice.gov.uk/tribunals/employment/claims/jurisdiction

[elche]

No..not decided yet. Its complicated but am now 'at risk' of redundancy, however I think they wanted to get rid of me so their way of doing it 'legally'.

 

Well I suppose it depends on how the claim is pleaded.

 

If the pleading is that I was dismissed for redundancy, but that dismissal was unfair then the 3 months will run from the 'effective date' of the redundancy - which can vary depending on they word the dismissal letter as regards notice periods.

 

If you plead some kind of claim based on the actual WW (and I can't see what really, unless this is discrim of some kind), then if you resigned and claimed CD, then it will be the date of the resignation becoming effective.

 

Whereas if it is some kind of claim where you remain in the job then it will run from the date you received the WW, almost certainly NOT the date of the appeal outcome.

 

Che