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Dismissal overturned on appear. Will the disciplinary manager face any action due to a poor investigation?

6 replies

Pollyhops · 13/06/2019 07:01

I came over to new company on a TUPE and I was the highest paid member of staff in that department (I was in the same pay as the level above me) this put a few peoples noses out of joint and when they had a sniff of a chance to get rid of me they did. (I performance managed a member of staff who then said I was bullying them and these claims were repeated by their friend in another department (who I had worked with years before))

I was investigated and asked to go to a disciplinary, I gave the details of everything to the investigation manager (one of the ones whose nose was put out of joint) but when it went to disciplinary it was clear that they had not even looked at any of it. They dismissed me!

I contacted ACAS and they said I had a very good case for unfair dismissal, but I would need to appeal the decision first.

I did and a very senior manager heard the appear and after a few days wrote to me and told me he has overturned the appeal and I can come back to work.

I’m pleased to have the dismissal off my record, but after the underhanded way they have gone about things, I really don’t want to work for them again. But I will, until I can find something else.

I will have to see the person that dismissed me, at least once a week. I gave evidence to the appeal manager that they have done a very poor job and nothing was investigated. I was wondering in these cases, if the disciplinary manager ever faces consequences for a very lazy job which turned my life around for months!

I am due to go in on Friday and have a meeting about how and when I come back.

OP posts:
AnthonyCrowley · 13/06/2019 07:04

Could you ask the senior manager? Though ime they will do nothing, hope the whole thing goes away. They will say that steps have been taken or something like that but that they can't tell you the details.

Pollyhops · 13/06/2019 07:42

That’s what I expected.

I provided evidence that the investigation manager lie on multiple occasions!

I’ll guess I’ll have to get on with it until I find something else.

OP posts:
swingofthings · 13/06/2019 07:49

As you've said, they most likely want you out. They retracted the dismissal because they knew you'd take it to court and guessed that after all this, you wouldn't want to stay and would be looking for another job.

You can raise your concerns but it's unlikely to go anywhere and you're probably better off focusing on finding another job. In the end, with you being given your job back you can look in the eyes of the investigator knowing that it take guts to come back after such an experience.

AnthonyCrowley · 13/06/2019 11:55

I would certainly focus on looking for something else.

KatherineJaneway · 13/06/2019 12:49

I am due to go in on Friday and have a meeting about how and when I come back.

Don't be surprised if they offer you a settlement agreement. You might want to consider taking it too.

dontdoxmeeither · 13/06/2019 17:01

Awful isn't it?! I had similar (given written warning for poor performance with no notice and no indication of any issues prior to) appealed and won. Warning removed from record.

LM who issued warning was still working in the office afterwards and it was very uncomfortable. Informal sources suggest it was a box ticking exercise for LM to achieve a competency of dealing with a disciplinary Shock@ the irony!

What's worse is that they were indeed promoted Confused

This was in the Civil Service and I resigned last month. Absolutely ruined it for me and one of the most stressful things I've dealt with at work.

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