Appeal meeting coming up

Pity Thanks

Long story short I got sacked last month and wrote an appeal letter as I was entitled to do so,
got a phone call saying it's being reviewed and they'll get back to me with details of a meeting


There's only a 1 in 99 chance of them offering my job back, and I don't really want it back either,
but I was advised to go through with the appeal regardless because of the way it was handled.

I left at the end of last month,and apart from a termination letter I haven't received my P45,
and now that I think of it I haven't received a P60 since 2008

What's the best approach to getting my P45 back? - I know they won't answer calls from me or get back to me.


I reckon they might owe me about 4 weeks unused holiday, I won't know until their pay day at the end of the month

I might have a new job by the end of the week too



If they do offer me my job back do I have to take it?

If they do and I refuse to come back, am I entitled to a letter acknowledging that I successfully appealed it but chose not to come back?

the termination of contract letter I received makes my leaving look worse then it was, so it's what I would like to end up with


I know this will probably get locked before anyone gets to answer, but that thanks to any helpful answers

Irish_Elect_Eng

You received good advice to follow the appeals process.

If you are successful in your appeal, you do not have to go back, winning the appeal will give you the choice to accept or reject any offer that they make. As you were terminated, not suspended, they have terminated your contract, it will be up to you if you want to return to the company.

If you decide not to go back then I would ask them to amend your personal file to reflect the outcome of the appeal, ask to see your personal file once amended and ask for a copy of the file.

Then explain that your trust in the company has been eroded by the incident and inform them that you cannot continue to work for them in future. Provide them with a polite letter of resignation and a request for your P-45 and a written reference.

Just my opinion. Good Luck

gerrycollins

very good to appeal the decision.

How long were you employed there?

In Lieu of this answer did you recieve your notice pay and also your holiday pay?(we know the answer to the second part)They should have said so in your letter and to omit is serious as you are entitled to it.

What process did you undergo before you were sacked or were you sacked outright for an act of gross misconduct?

just because you have appealed it doesnt mean you cant put your case forward against theirs. Its not just them reviewing their action against you, you can counter argue theirs.

The outcomes for your appeal are many but straight forward.

1 they will decide that you were dismissed properly, however your argument here could be the process that you underwent in the run up to dismissal(allowing for instant dismissal for gross misconduct) that the process was flawed because it didnt give you appropiate time to correct your personal mistakes or errors or that their retraining,if required, of you was insufficent or not given the appropiate time and effort on their behalf.

Were you advised that at every stage of the process(verbal warning to written to suspension etc) you could appeal every decision taken against you. If not that is another flaw in their process.

2. they may decide that you were dismissed for an act of gross misconduct which would rule out the need for any process however if that was the case what was the act? your handbook may include the line "other acts not mentioned here may constitute act of gross misconduct" however these actions have to be acts that bring the name of the company into disrepute or could cause harm to others or break the law of the land. Did what you did constitute this?

Also there is a process involved for acts of gross miscounduct. In the interest of fairness and to avoid hot headed actions by your superiors the best case scenario would be for you to be suspended with pay pending an investigation into your activity,this would be to determine if your actions were of gross misconduct. did this happen or did they march you into the office and fire you immediately.

3. If you were fired for an act of misconduct ie doing something against company policy or rules which would not constitue gross misconduct(see above) then it would have to be a very severe case to get fired for immediately. If you were employed more than a year and having a clean record the worst case in this instance would be a final written record in the interest of fairness with a time restriction of 6 months.

You have to find holes in their process to undermine the decision to fire you. If you find these then they can take the easy road and reinstate you or take the hard road and bring them to court where they will be forced to take you back.

After all this if they did reinstate you, you can accecpt and recieve the letter offering your job back. Then send in a letter of resignation and start your new job.

Push for any notice pay as per your contract and outstanding holiday pay.