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Legal matters

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Appealing a dismissal

2 replies

JoeSikoraTommysStory · Yesterday 09:19

I’m posting in legal rather than work as I’m probably not getting my job back although I’m (hoping) to be reinstated.

But I can already see the way it’s going; 2 previous people one HR who’s been in every stage 1-3 and the senior manager who chaired and made the decision are both going to be at the appeal hearing.

So my question is how will the tribunal judge view this? Giving the size of organisations we work in 3000+ employees with plenty of other senior management and governs.

Also I’m not in a union (please don’t lecture me) too late to do anything about that now.

OP posts:
prh47bridge · Yesterday 09:44

Under the ACAS Code of Practice, an appeal should, wherever possible, be dealt with by a manager who has not previously been involved in the case. It is fine for the manager who made the initial decision and the HR person involved to give evidence, but the tribunal is not going to be impressed if they are involved in deciding the outcome of your appeal. That won't win a case for unfair dismissal on its own, but it could lead to increased damages if you do win.

JoeSikoraTommysStory · Yesterday 19:54

@prh47bridge Ok thank you for replying that’s calmed me somewhat 😄 much appreciated.

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