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dismissal whilst appealing...

3 replies

coffeeandcake · 24/07/2012 16:34

I am being faced with possible dismissal, and want to appeal a decision that I believe has been taken unfairly regarding me. am i right in thinking that I cannot be dismissed whilst I am undergoing an appeal?

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YoulllaughAboutItOneDay · 24/07/2012 16:37

What do you mean by 'a decision that I believe has been taken unfairly regarding me'?

If you mean you want to appeal the decision to dismiss you I am afraid that they can go ahead with the dismissal pending the appeal - unless your company handbook or an agreement with the trade union or something promises that they won't. They would have to reinstate you if your appeal were successful.

If you mean appealing something else, it all gets a bit more complicated. Sometimes it is ok, sometimes it's more iffy.

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flowery · 24/07/2012 17:35

If its a dismissal you want to appeal then no they can dismiss and then would have to reinstate if you were successful in your appeal.

If it's something else, like a grievance or whatever, it entirely depends on the circumstance so impossible to say.

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coffeeandcake · 25/07/2012 08:04

thanks flowery and you!
i am contracted in to work at an establishment - the boss of which has excluded me because I asked him to investigate bullying and harassment that i was expereincing (yes, really.) in my contract with my employer it states that if i am excluded from this place of work, my employer may dismiss me. my appeal is against the establishment that has excluded me.
i think that my employer is getting ready to start dismissal proceedings.

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