Employment law/appealing/final written warning?

[annoyedofnorwich]

Any help would be appreciated! Can an ex employee appeal a disciplinary hearing? The outcome was a final written warning. The staff member had already resigned before the disciplinary proceedings commenced- and has already left. Have searched and Googled but can't find an answer!

Why do they want to appeal the outcome of the hearing if they had already left?

Did they feel they had no choice but to leave, due to the employer's unfair behaviour? If so, they could try claiming for constructive dismissal (probably only if they have been working there for two years or more). It is hard to prove though. You’ve got 3 months minus a day from the date your job ended to start tribunal action.

www.citizensadvice.org.uk/work/leaving-a-job/dismissal/claiming-constructive-dismissal/

Try calling the ACAS helpline on 0300 123 1100

I was also wondering if they were likely (or thinking) of a tribunal as I think they can have the award reduced if they haven't appealed the decision.

Was the hearing held when they were still at work? I'm wondering why they didn't appeal then.

Yes, I would expect a former employee to be able to appeal against a disciplinary warning - otherwise there would be nothing to stop an employer maliciously issuing a warning after an employee had resigned.

How long ago? Normally it would be a week or perhaps two weeks deadline to appeal a warning.

My first question was also how long ago. When I worked in house we gave a week to appeal a decision.

The time line was as follows:
Problems informally identified with work standard.
Letter of resignation handed in.
Problems with work standard escalated and resulted in problem for business- work standard affected the name of the business.
Disciplinary hearing resulted in final written warning.
Member of staff left at end of notice period.
Appeal hearing to happen in next fortnight.

Any advice appreciated!

Mrs Sqiggler- no they had already handed in a letter of resignation (just) when they were informed that disciplinary action would happen. Although there had already been an informal meeting where the problem was discussed.

I don't get it. Why wasn't she put on garden leave the minute she handed in her resignation? The firm should have been breathing a sigh of relief, not pouring more resource in that direction.

Do the appeal.

It might not change anything but you will have followed the process through.

High- as the person was best placed to finish their work instead of handing it to someone else who wouldnt have had the knowledge to finish it off as well.

Moving on- do you think that's the best thing to do even if it takes quite a while to collect relevant witness statements etc?

OP, how can the person be the one 'best placed to finish their work' if it's the standard of their work that you are taking action against?

Why would it take time to collect witness statements, surely you already have them for the first hearing?

Is this for real?

Who are you in this scenario OP??

It sounds odd tbh - you state that the work was so poor as to constitute a final written warning but they were still 'best placed' to finish it. What is your role here?

It could be seen as the employee was treated terribly, then when they'd finally decided to leave, their manager was so annoyed by it, they trumped up accusations of poor quality work. (But still forced them to finish the project).

What?! Why would you be collecting witness statements for an appeal? Were things not done properly in the first place? If so, that's pretty good grounds for upholding the appeal! It's not good grounds to go back and do what should have been done in the first place

It's supposed to be an appeal against the outcome of the disciplinary. Not the actual disciplinary after some sort of white wash.

It seems ironic and weakens the argument to bring a formal disciplinary on the person who was deemed to have the best knowledge/skill to complete the job. Sounds typical of mean-spirited management to squeeze the last drop out of an employee before they are despatched.

It is always worth the employee appealing an adverse decision. They have a right to have their side of the situation documented, which should include their response to facts presented against them at the disciplinary hearing.

work standard affected the name of the business

Incompatible with

as the person was best placed to finish their work instead of handing it to someone else who wouldnt have had the knowledge to finish it off as well

daisychain01 unfortunately it makes complete sense to me if you throw in one further ingredient: an inexperienced and desperate manager.

Anyone with a bit of maturity would have been happy that someone elects to leave rather than go through a performance procedure. It now looks like they are covering their tracks - but to what end? Are they scared of being accused of unfair dismissal, or is there a plan to counter-sue for reputations like damage?

annoyedofnorwoch - come clean here, it's you we're talking about, and it's your business isn't it? Now give us some actual details and we might be able to help.

^reputational damage