Investigating manager old friends with boss

[SabreSheep]

What are the grounds for discrimination?

 

What are the grounds for victimisation?

 

 

Instead I would appeal under the following headings.

 

1) Penalty was too harsh as my 16 year odl clear conduct record has not been taken into account.

2) The investigation was not impartial and not fair.

3) The company has made various procedual errors.

 

6 and 7 are not grounds of an appeal, they are grounds for a grievence which IS a seperate procedure,

[billathome65]

I totally agree with Sabresheep It is important to state the reason for appeal but to not make your full case until the appeal begins always hold your cards close is what I'm saying.

 

Bill

[jodyperry]

The grounds are for disability dicrimination which he has put in three grievances about since 2013 which have never been investigated. The victimisation is because they have been gunning for him since about 6 days after the first was sent x

[jodyperry]

If I miss those bits out and loses his appeal will they still be relevant at tribunal ? Also thanks for the advice

[SabreSheep]

can you prove that the grievences were lodged and ignored? if so you may have grounds for action under the single equality act using this as the last event in a series of discrimination. On their own, things in 2013 are out of time.

 

As this is a complex matter you are advised to seek professional legal representation

[jodyperry]

Yea I figured that he could rely on the last act as it what they have detailed in the reasoning is the very thing he's been saying is discriminating all along ( we have a disabled son who he has to be home for so can't do overtime , just contract hours) , have 2 letters that state it was passed to the guy who did the actual dismissing to follow up. Should He leave the discrimination & victimisation out at this stage then ? Hes waiting on the solicitor to assess the case so should hear tomorrow or day after I'm just hoping if he does win an appeal they do actually re instate him as I'm told they don't have to :/

[billathome65]

He can express his desire to be reinstated however your are correct the company don't have to and just go for costs. One thing I would say is if they have treated him so bad why would he wish to return? I'm not only asking that question but I am sure the appeals panel would do to. Not having any experience of this part of the process I am unable to speculate.

 

Bill

[SabreSheep]

He can express his desire to be reinstated however your are correct the company don't have to and just go for costs. One thing I would say is if they have treated him so bad why would he wish to return? I'm not only asking that question but I am sure the appeals panel would do to. Not having any experience of this part of the process I am unable to speculate.

 

Bill

 

Because dealing with the DWP is akin to torture performed at the lowest depths of hell?

[jodyperry]

Simply because of morals. He has been on and off depression tablets for the last 2 years but at the moment he's in a low like I've not seen him before. Don't forget this manager has, for the last two years treated him like he's useless, slow, incapable of his job, compared him to men half his age and pretty much broken him. Whereas it's not that desirable to go back into that environment I think he actually believes it a lot of the time. It's a case of if they don't want him, who the hell else would. I obviously don't agree and neither do I agree that goung back will be good for him. Besides the fact that he would have a target in his back. However at the min all he sees is somebody else supporting his family hence his morals clouding his judgement.

[billathome65]

Sorry for being an ass I totally understand and to be honest thinking about it, I'd do the same tell him to keep scrapping take the fight to them and get a good lawyer on his side.

 

Bill

[jodyperry]

Lol don't worry I really didn't think u was being an ass and ur right appeals will ask that so best to be prepared x

[jodyperry]

Has anyone heard of DAS employment solicitors?

[honeybee13]

Why are you asking, Jody?

 

HB

[jodyperry]

It's who the insurance have passed us into to deal with oh x

[jodyperry]

Sorry weve gone a bit quiet there's been a lot to take in. We are now both a bit confused. Oh got his paperwork back from the SAR he sent which as we thought provided a completely different email sent the day in question. The one presented at the DP was completely fabricated.

Where it gets a bit confusing, is that on Tuesday he had a call to say his appeal meeting (due this week) was being cancelled and he is simply reinstated. He got a letter confirming yesterday. No sorry for making the last 8/9 months a nightmare just technically we can't dismiss you but still kind of think u were wrong.

What worries me is that he never got the chance for a hearing so he doesn't need to present this and it doesn't need to be investigated ? Hope that makes sense. We are waiting to hear back from the solicitor

[SabreSheep]

Sounds like to me whoever was investigating the appeal realised what had gone on and could not support the orginal decision.

I would make sure all payments are backdated as well.