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Appeal process timeframe (after losing job)

30 replies

compwiz · 30/11/2021 23:55

Hope you are all well. Looking for some advice.

I lost my job and decided to appeal.
I appealed within the 14 calendar day window my employer set and requested them to respond within 14 calendar days (just like they did). However its more than 18 calendar days since I sent them my email with appeal grounds and no update yet on an appeal meeting.

I have also been paid my PILON etc which leaves me confused. I was expecting this to happen after the appeal decision is made (example: if the appeal is turned down)
P45 has also come through.

I will be sending them an email to ask the current status.

In the context of above would like to ask

a) What is a reasonable timeframe for the employer to setup an appeal meeting.

b) I am concerned they will still take a while to setup the meeting, and then take more time to release the results. Is there any way I can assertively enforce a timeframe for them to sort things out.

Thanks

OP posts:
draramallama · 23/01/2022 18:59

You're appealing the validity of the decision or fairness of the process. They could not have considered evidence about future events, so how is that relevant?

New evidence ordinarily means previously unavailable evidence relating to the period covered by their decision.

If your evidence shows you only became well enough to work again after the employer made the decision to end your employment that doesn't help your case it helps theirs. It shows that at the time they made their decision it was the right decision.

draramallama · 23/01/2022 19:04

In that case the employee was already fit for work at her appeal meeting. The employer was also found to have mis-stepped in other ways.

There's an analysis of that case decision here:

www.menzieslaw.co.uk/case-update-1-sickness-absence-long-term-illness-dismissal/

Viviennemary · 23/01/2022 19:06

How long were you actually off sick. Had you exhausted their sick pay scheme.

draramallama · 23/01/2022 19:06

Did you present evidence at your appeal that you were fit to return to work at that time? It's not clear from your posts.

heelforheelandtoefortoe · 23/01/2022 19:24

@melissasummerfield I studied that case too and @draramallama is entirely right. The circumstances appear to be different in the OPs case.

I think the OPs best chance of success is if they did not make reasonable adjustments (emphasis on reasonable!) prior to her dismissal, otherwise, she's unlikely to win. Especially if she's hoping to just use ACAS and only a free hour with a lawyer.

Lesson to all readers - join a union. There's no such thing as an employer not allowing you to join one. Everyone should. I hope the OP did but doesn't sound like it.

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