employment tribunal advice

[Guest]

If an employee is dismissed and given 7 days to appeal to the company, but doesn't get the appeal letter to them within the 7 days, does this mean it cant go to tribunal?....

 

Is it worth still writing although the 7 days have just passed, there is a valid reason for the time delay.

 

There is also GP backing for the case that would be presented to the tribunal.

 

Any ideas would be helpful.

[Emmzzi]

Start by appealing and see if they allow it. Explain why it is late in the appeal letter. Do it now!

[Guest]

ok I will pass that on. Thankyou.

[SweetLorraine]

Sure - you can still submit a claim to Tribunal; if you choose to go down that route just don't leave submitting a claim for nearly three months (from the last act) though - submit the ET1 claim form sooner rather than later.

[Guest]

Thankyou I think that's what we will do now.

[becky2585]

Sure - you can still submit a claim to Tribunal; if you choose to go down that route just don't leave submitting a claim for nearly three months (from the last act) though - submit the ET1 claim form sooner rather than later.

 

Just to clarify, that only applies to discrimination claims - it's three months less a day from the termination date for unfair dismissal.

 

OP, you need to appeal or it will likely affect compensation (a reduction of up to 25% for failing to follow the ACAS Code).

[SweetLorraine]

Just to clarify, that only applies to discrimination claims - it's three months less a day from the termination date for unfair dismissal.

 

OP, you need to appeal or it will likely affect compensation (a reduction of up to 25% for failing to follow the ACAS Code).

 

Thanks for the clarification becky2585. SL

[Guest]

Hi everyone....we wrote to advise them of the reasons why we could not appeal within the 7 days given, and they have advised us that we can now appeal the original decision to terminate the employment, we have to put this in writing within 7 days from today, which we can and will do, my question is......in the event of the appeal by another manager/branch should not go our way, does the time frame of taking to the employment tribunal go from the date of this appeal with the company? I am guessing it does, but need to be sure. The original termination of employment date was 18th October, and the 7 day appeal date ran out on 25th October, we wrote to state our situation on the 28th October and have heard back from them today. Am just making sure we don't need to still lodge the employment tribunal forms now? or wait til the outcome of the appeal? if they take their time we don't want to have lost the chance of tribunal as it has to be requested within 3 months of original act?

 

Sorry if rambling we just need to get this right as we have GP backing and don't want to lose the chance to use it effectively.

[mariefab]

No. As becky said in #6 the Tribunal time limit runs from the date of dismissal.

So, dismissal 18th October = last date for Tribunal to receive claim 17th January.

[Guest]

ok thankyou ....ok we will send the tribunal forms off anyhow. And see what happens with this appeal with the company, if it goes our way we can just advise the tribunal.

[Pusillanimous]

I would advise not to send off the tribunal forms until you have your appeal outcome back.

[Guest]

Success!! and thanks to all who advised here. We wrote to the company explaining why the letter of request to appeal was late and they offered the chance to still do so, a letter arrived on Wednesday offering an appeal hearing/meeting this morning, or extra time if needed. We felt it was best to just go and do it, no rep was needed as we had all evidence etc. and were able to put own points across.

 

All in all the whole procedure lasted an hour and a half, the Guy was well versed in disability and in the correct company rules and regulations, and confirmed that the company had not dealt with this matter in the correct way, he also advised of a few things which are in place within the company to offer support and help any employee with disability, we were not even aware these things existed, he explained where they had gone wrong and issued a statement of re-instatement, all wages etc are to be paid backdated to day of dismissal and a return to work is scheduled for beginning of January, present doctors note runs out on Xmas day and a new one will not be needed. Phased return and training will be the format. I am so happy for my relative and so pleased we did this. It was so daunting. We had held back the tribunal forms to see if the appeal came quickly and as it has we now don't need to do it.

[Emmzzi]

brilliant news!! well done!

[morisleilei]

Yes I believe that this country is protecting the employee more than employer. you should give a formal letter to them and also, the progress should be including in your contract which you and the staff signed in the very beginning.