Appeal from Written Warning

[demiro]

I was having disciplinary hearing and has been giving first written warning.

I have appealed against this decision.

 

Is it compulsory for my employer to conduct the appeal hearing?

[king12345]

No, they could just review the decision and accept your appeal without a hearing.

If they want to have more details before they make a decision they will hold a hearing

[renegadeimp]

They can also increase the punishment as well, instead of retracting it.

[honeybee13]

I hope the OP sees the replies. They haven't been back since posting early this morning.

 

HB

[ericsbrother]

on what grounds was the appeal? matters of fact? matters of procedure? If the former then they may well ask for more evidence, with the latter is is likely to be a paper exercise with one person who wasnt part of the original decision reviewing it.

[demiro]

Thnak you for the answer.

Sorry for delay in replay.

The appeal was on Procedure ground.

I was not given the right to appeal(the letter I got after the meeting did not mention that) ,the person who was a witness for the company side was actual a manager involved in the case, and they did not show me the Company Disciplinary Procedure which they claimed they have(The initial letter invited me for the hearing stated that they will fallow their own prodedure).

I'm leaving the company now (I give my resignation) but I would like to just know if they are obligated to do the appeal hearing?

By obligated I mean by the law.

[ericsbrother]

Probably no purpose as you are now leaving, unless you intend to sue them. Procedures can be shortened but there should always be a right to appeal. The company may well not state that at the time but it will be in the procedures written down somewhere, it will be up to you to find it, not necessarily them tell you where to look.

[demiro]

I asked for the procedure 3 times, they did not show me them. I know is long shot but can I sue them for not having the appeal hearing? Can I gain anything?

[ericsbrother]

you can sue them, you will undoubtedly lose your claim as you havent been caused a loss and they can still have the appeal even though you have gone so what would you hope to gain? Not money and that is waht courts are about, placing a financial settlement on matters.

You say you asked for teh procedure 3 times, what do you mean by this as it doesnt make sense and if you dont use the correct wording to force them to follow protocols how can you expect them to do so. Also, you havent shown any evidence by way of your employment T&C's that they agree to follow the ACAS code or other CoP regarding disciplinary matters. If you mean that you asked them 3 times for sight of the company policy then that is not the same as asking to have your appeal considered. Did you put in a written appeal or just ask to submit one? Again, totally different things.