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Do I have to appeal or can I go straight to Industrial Tribunal


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HI,

 

 

I got dismissed recently and I was wondering if I have to go through the company's appeal procedure or can I go straight to industrial tribunal? The basis of my appeal/tribunal is that I have been treated completely differently to other employees in the same situation and that management have been highly inconsistent.

I complained about a manager and since then management have done their hardest to get me sacked.

Another employee with exactly the same complaint against them and a proven history of defrauding the company (something I haven't done) hasn't even had any warnings.

I don't really want to appeal as I wouldn't work for this company again if they paid me double.

If I won an appeal could I then walk on grounds of constructive dismissal and go to tribunal?

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You don't HAVE to appeal as the statutory dispute resolution procedures were repealed some time ago. However, if you don't appeal, you have effectively contributed towards the situation as you haven't given your employer the opportunity to put things right with an impartial second hearing. And if you were successful in a claim in the future, you could expect a 25% reduction to any compensation awarded for your failure to follow the ACAS Code of Practice.

 

It would still be an unfair (rather than constructive) dismissal claim, as you've been dismissed, rather than having resigned.

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You should follow appeal processes. But, you need to be mindful of the strict 3 month time limit which applies to unfair dismissal claims. You need to make sure you have filed your early conciliation form with ACAS well before the 3 month deadline from the date of your dismissal expires, regardless of where things are at with internal appeals. There is guidance here: https://hmctsformfinder.justice.gov.uk/courtfinder/forms/t420-eng.pdf and on the ACAS website.

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You do not have to appeal but it is wiser to go through all processes that the employer has. Your dismissal/disciplinary outcome letter should tell you how to appeal. If you are getting close to the three month deadline, start the early conciliation process with ACAS as it will give you some extra time. You will need to go through ACAS and EC to start a tribunal anyway.

 

If you don't appeal, it could go against you at tribunal and any compensation reduced via the Polkey reduction. The employer could argue they might have upheld your appeal and given you your job back had you appealed and you have therefore contributed to your dismissal.

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