Disciplinary Hearing Next Week - please help!!

[hardworking_harddoneby]

Hiya. yes i am, speak soon x

[hardworking_harddoneby]

OK gotta go now but I will try to help tomorrow Are you in during the day?

 

 

 

Hello?

[mariefab]

Did your OH give his notice in writing?

If so, does he have a copy of his letter of resignation?

[hardworking_harddoneby]

Did your OH give his notice in writing?

If so, does he have a copy of his letter of resignation?

 

 

Yes he gave it in writing and has a copy x

[hardworking_harddoneby]

Oh no, scrap that last reply. He wrote it out so didnt have a copy,

[jackiebuchanan1]

Sorry about not being in touch something has come up at home

[jackiebuchanan1]

I was going to help you to compose a letter to appeal against the decision but can't find time as it has to be in so quickly. Ask at a Law centre; they don't charge. In the meantime write a short letter to boss saying that you Dear Bloggs

Further to our meeting of (date) I do not agree with the allegations outlined or the decisions made therein. In fact I believe this meeting to be the conclusion of an unfair dismissal. I intend to appeal and I am seeking legal advice to support my appeal. I undertake to contact you within 30 days of the date hereof or as soon as I have received advice.

Thank you in anticipation of your patience in this matter

Yours sincerely

 

Hubbies name

Send this immediately (tomorrow?)by 1st class recorded delivery

[hardworking_harddoneby]

I was going to help you to compose a letter to appeal against the decision but can't find time as it has to be in so quickly. Ask at a Law centre; they don't charge. In the meantime write a short letter to boss saying that you Dear Bloggs

Further to our meeting of (date) I do not agree with the allegations outlined or the decisions made therein. In fact I believe this meeting to be the conclusion of an unfair dismissal. I intend to appeal and I am seeking legal advice to support my appeal. I undertake to contact you within 30 days of the date hereof or as soon as I have received advice.

Thank you in anticipation of your patience in this matter

Yours sincerely

 

Hubbies name

Send this immediately (tomorrow?)by 1st class recorded delivery

 

 

Thanks JB so much, I will get onto this for the morning.

Obviously I want to appeal for so many reasons but the main one being the whole situation was genuinely unfair, my OH worked his arse off for 5 years and built the fantastic rep it has for dining, never had a compaint, EHO alwats very pleased with their checks they do, he didnt even really want to leave. Im so glad i have others feel the same way.

[mariefab]

Or, you could send an appeal letter saying...

 

Dear ?,

 

I have received your letter confirming the decision to dismiss me on ??/10/09.

 

I would like to appeal this decision based on issues with regard to the reasons for my dismissal.

 

I would appreciate a prompt response to this request.

 

Yours etc.

 

At the appeal meeting I would suggest that you start with the following questions and statement.

 

Do you acknowledge that:

 

1. I handed in my resignation, giving 12 weeks notice, on ??/??/09?

2. Between ??/??/09 and ??/??/09 2 new chefs started work?

3. At a meeting on ??/??/09 you asked me to agree to cut short my notice?

4. You told me, at that meeting, I could either sign a letter to agree to cutting my notice or you would "find someone" to say that I was running the kitchen poorly and would therefore be sacked?

 

I believe that you used the disciplinary procedure dismiss me in order to avoid paying me for my notice period.

[hardworking_harddoneby]

Thanks Mariefab!

Is an email CC'd to someone ok to send with a written request to follow, we only have until tuesday to appeal x

[mariefab]

Yes, but make sure to send the follow-up copy by recorded/special delivery.

[hardworking_harddoneby]

Great,

So an email like this -

 

Dear Mr..

Further to our meeting of 12/10/09 I have received your letter confirming the decision to dismiss me on 14/10/09.

 

I would like to appeal this decision based on the reasons given for my dismissal.

In fact I believe the letters and meeting to be the conclusion of a constructive and totally unfair dismissal. I intend to appeal and I am seeking legal advice to support my appeal.

 

 

I would appreciate a prompt response to this request.

 

Thank you in anticipation of your patience in this matter,

Yours sincerely

 

.........

[mariefab]

I'd leave out this sentence....

 

In fact I believe the letters and meeting to be the conclusion of a constructive and totally unfair dismissal. I intend to appeal and I am seeking legal advice to support my appeal.

 

...because:

 

1. 'constructive' Constuctive dismissal is when an employer's actions cause one to resign and he'd already resigned prior to the disciplinary procedures.

 

2. 'totally unfair dismissal' Unfair dismissal is for a Tribunal to decide and until such a time it's only an opinion. (Although a justified one, in my opinion)

 

3. 'I intend to appeal' You've already stated you are appealing the decision.

 

4. 'I am seeking legal advice to support my appeal.' You are under no obligation to warn them that you are taking advice. Giving them a heads up on this can only be to their benefit.

 

Also, I'd change, 'patience in' to 'attention to', simply because I don't think they've been particularly patient so far.

[hardworking_harddoneby]

Thanks Marie, I was incorporating a bit of both and advice and a teeny bit of my rage too... lol

I will keep it short and polite. Thanks again, will let you know when I get a response...

 

By the way, can you answer my other question? About his holiday remaining and paternity leave?

x

[mariefab]

He is entitled to be paid for any untaken holidays due, see link below.

 

Statutory Instrument 1998 No. 1833

 

On the matter of paternity leave, does he have any evidence that he asked his employer for this?

[mariefab]

Some info. on paternity leave here:

 

Taking your paternity leave and pay : Directgov - Parents

[hardworking_harddoneby]

He is entitled to be paid for any untaken holidays due, see link below.

 

Statutory Instrument 1998 No. 1833

 

On the matter of paternity leave, does he have any evidence that he asked his employer for this?

 

 

Unfortunately not, obviously he would have liked 2 weeks off when i came out of hospital but he had alreayd taken those days while i was in as holiday then was told they were too busy. He wass not allowed to take any holiday between May and October,

[hardworking_harddoneby]

Or, you could send an appeal letter saying...

 

Dear ?,

 

I have received your letter confirming the decision to dismiss me on ??/10/09.

 

I would like to appeal this decision based on issues with regard to the reasons for my dismissal.

 

I would appreciate a prompt response to this request.

 

Yours etc.

 

At the appeal meeting I would suggest that you start with the following questions and statement.

 

Do you acknowledge that:

 

1. I handed in my resignation, giving 12 weeks notice, on ??/??/09?

2. Between ??/??/09 and ??/??/09 2 new chefs started work?

3. At a meeting on ??/??/09 you asked me to agree to cut short my notice?

4. You told me, at that meeting, I could either sign a letter to agree to cutting my notice or you would "find someone" to say that I was running the kitchen poorly and would therefore be sacked?

 

I believe that you used the disciplinary procedure dismiss me in order to avoid paying me for my notice period.

 

 

 

Hi all.

Have sent the email today appealing against my dismissal, shall i hand deliver a written one tomorrow, in view of postal strike effect?

 

x

[mariefab]

I would, to be on the safe side.

 

Take 2 copies and ask whoever you hand it to to sign and date your copy so that you have a receipt.

[hardworking_harddoneby]

I would, to be on the safe side.

 

Take 2 copies and ask whoever you hand it to to sign and date your copy so that you have a receipt.

 

 

Great thanks Marie, should i get my girlfriend to take it in to hotel reception, as i am not allowed on the premises.

 

?

[andie_303]

a representative is fine and probably the most sensible way. Make sure they get a signature that it has been received though.

[orfoster]

I can't believe this! What an appalling employer! I am a trade union rep, wish your hubby was in a union! They would wipe the floor with them.

 

You must appeal this. Were you a manager in effect? Have a look at the Management of Health & Safety regulations and have a read.

Edited October 20, 2009 by orfoster

[hardworking_harddoneby]

I can't believe this! What an appalling employer! I am a trade union rep, wish your hubby was in a union! They would wipe the floor with them.

 

You must appeal this. Were you a manager in effect? Have a look at the Management of Health & Safety regulations and have a read.

 

 

 

Hiya its me again,

I wish he was in a union too lol but too late now.... he was a head chef, but did alot more than most would...

Its so reassuring to read people who agree with me (that it was appalling and unfair) his boss is a really wealthy and clever man, and has been unfair to other employees and got away with it i really hope we make a point.

[orfoster]

Hiya,

 

Has he been down to the job centre yet to sign on? I know there is a delay because of the "gross misconduct" claim but I believe you have to start the claim for job seekers now.

 

Keep us posted on it all.

 

Never mind, we will try and help sort this but hopefully in his next job he can join a union that will help him.

 

Oli

[mariefab]

Just re-read this and noticed that you asked earlier if he should be paid for the 2 weeks while he was suspended.

 

Yes he should, unless it clearly states in his contract of employment that he will not be paid while suspended.

 

Please update the thread when you receive a response to the appeal request.