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  1. leszkoss's Avatar
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    #1

    Letter of appeal against dismissal

    Can you evaluate this piece of writing, please?

    Dear Sir or Madam

    I am writing to raise a formal complaint against the outcome of the disciplinary and the decision to dismiss me from my role at ****. On Friday 23rd September, one of the Managers named ***, told me to go to the HR office and then, to my shocking surprise, I was informed by other managers that a decision had been made to dismiss me from my role for alleged misconduct. Despite my persistent requests, these members of the management team could not, or deliberately refused to explain the reasons for the decision to dismiss me.

    I would like to inform that the ****’s Disciplinary Policy (p.5, under the heading Decision) provides that:

    “After the hearing, the disciplining manager will consider all the evidence before making a decision. You will usually be recalled to the hearing to be informed of the decision, and wherever practicable, he/she will also inform you of the decision in writing within seven calendar days of the disciplinary hearing and explain:
    · how he/she arrived at the decision;
    · which, if any, of the allegations against you are substantiated;
    · which, if any, disciplinary sanctions will apply; and
    · that you have the right to appeal the decision.”

    It is my contention that this very harsh and unjust decision was made after an investigation and disciplinary process in which not all merits and circumstances of the case had been considered. Whoever was the disciplinary manager, that person could not consider all the evidence, because he was simply not aware of it. The whole process was very unfair, since I was unaware that the other party raised a complaint about me. If had known that, I would have raised a counter-grievance and called my own witnesses. Consequently, the managers conducting the investigation and adjudicating the dispute would have got a completely different picture of the incident in question and the dispute could possibly have had a different outcome.

    You should be aware that I was not the person who instigated the incident. I am a responsible, mature person and a mother, and I was simply appalled by the outrageous behaviour of some of the people that we were made to travel with on the same bus by [the company]. Those people are immature, rude, use obscene language and are inconsiderate towards other colleagues. I found their behaviour and their speech very offensive and upsetting. There was one colleague that described sexual matters in an extremely offensive way, using very obscene language. That person was on the bus and the conduct should be considered as having occurred during the course of employment. His behaviour was ostentatiously in breach of the company’s Harassment Policy, which states in the section Conduct Amounting To Harassment that “sexual, racial or discriminatory banter” and “offensive or intimidating comments” constitute harassment.

    Further the Disciplinary Policy provides under the section Gross misconduct, that “a serious and/or material breach of [the company]'s policies” and “any act or acts of unlawful discrimination, harassment or bullying” constitute gross misconduct. The Equality Act 2010 in Section 26 defines harassment as the conduct that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person. The same section also provides that it is necessary to consider the perception of the person being the victim of harassment.

    I therefore claim that I had been a victim of harassment and had been provoked to react very strongly against the conduct that violated my dignity and that I found humiliating and degrading, and which constituted harassment, and that was blatantly in breach of the company’s policies. I am convinced that my strong reaction to that behaviour was reasonable.

    As a side not, some of the colleagues consumed alcohol on the bus, and since our travelling to the hotel in ***** is considered as being in the course of employment, they engaged in conduct that is glaringly in breach of the company’s Disciplinary Policy. That policy states under the section Gross misconduct that “being under the influence of alcohol at work or bringing opened bottles of alcohol to work” constitutes gross misconduct. Not a single person was disciplined for that behaviour. As you can see that the company has already demonstrated a disparity in treatment of employees in disciplinary issues.

  2. teechar's Avatar
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    #2

    Re: Letter of appeal against dismissal

    Quote Originally Posted by leszkoss View Post
    Can you evaluate this piece of writing, please?
    Do you just want us to evaluate it?
    Have you been sacked?!

    Are you a member of any trade union that can help you?

  3. leszkoss's Avatar
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    #3

    Re: Letter of appeal against dismissal

    Quote Originally Posted by teechar View Post
    Do you just want us to evaluate it?
    Have you been sacked?!

    Are you a member of any trade union that can help you?
    My female colleague was sacked and I'm helping her appeal. They agreed to carry out some further investigations and interview new witnesses. Fingers crossed.

  4. teechar's Avatar
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    #4

    Re: Letter of appeal against dismissal

    Dear Mr Grey,

    I am writing to object against the outcome of the disciplinary procedure and the decision to dismiss me from my role at ****. On Friday 23 September, I was told by Mr Browne *** to go to the HR office, and when I went there I was informed that a decision had been made to dismiss me from my role for alleged misconduct. Needless to say, I was shocked and devastated. However, despite my persistent requests, the management team has, thus far, refused to explain the reasons for the decision to dismiss me.

    I note that ****’s Disciplinary Policy (p.5, under the heading Decision) was not followed in this case. It provides that:

    “After the hearing, the disciplining manager will consider all the evidence before making a decision. You will usually be recalled to the hearing to be informed of the decision, and wherever practicable, he/she will also inform you of the decision in writing within seven calendar days of the disciplinary hearing and explain:
    · how he/she arrived at the decision;
    · which, if any, of the allegations against you are substantiated;
    · which, if any, disciplinary sanctions will apply; and
    · that you have the right to appeal the decision.”

    It is my contention that this very harsh and unjust decision was made after an investigation and disciplinary process in which not all the evidence and circumstances of the case had been considered. Whoever was the disciplinary manager, that person could not have considered all the evidence because he/she was simply not aware of it all! The whole process was very unfair, since I was unaware that the other party raised a complaint against me. If I had known that, I would have raised a counter-grievance and called my own witnesses. Consequently, the managers conducting the investigation and adjudicating the dispute would have got a completely different picture of the incident in question and reached a different outcome.

    You should be aware that I was not the person who instigated the incident. I am a responsible, mature person and a mother, and I was simply appalled by the outrageous behaviour of some of the people that we were made to travel with on the same bus by [the company]. Those people were immature and rude, and they used obscene language and were inconsiderate towards their colleagues. I found their behaviour and their speech very offensive and upsetting. In fact, one made appalling and direct sexual references in an extremely offensive way, using very obscene language. That person was on the bus and that misconduct on their part should be considered as having occurred during the course of employment. His behaviour was manifestly in breach of statutes governing conduct in the workplace and specifically in breach of the company’s Harassment Policy, which states in the section Conduct Amounting To Harassment that “sexual, racial or discriminatory banter” and “offensive or intimidating comments” constitute harassment.

    Further, the company's Disciplinary Policy provides under the section Gross Misconduct, that “a serious and/or material breach of [the company's] policies” and “any act or acts of unlawful discrimination, harassment or bullying” constitute gross misconduct. The Equality Act 2010 in Section 26 defines harassment as conduct that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person. The same section also provides that it is necessary to consider the perception of the person being the victim of harassment.

    I, therefore, assert that I had been a victim of harassment and had been provoked into reacting against the conduct that violated my dignity and that I found humiliating and degrading, and which unequivocally constituted harassment in blatant breach of the company’s policies.

    You should also know that some of the staff consumed alcohol on the bus, and since our travelling to the hotel in ***** is considered as being in the course of employment, they engaged in conduct that is in breach of the company’s Disciplinary Policy. That policy states under the section Gross Misconduct that “being under the influence of alcohol at work or bringing open bottles of alcohol to work” constitutes gross misconduct. Not a single person was disciplined for that behaviour, and I strongly believe they should be.

    Given the above, I trust that you will, therefore, reconsider this case and reinstate me.

  5. emsr2d2's Avatar
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    #5

    Re: Letter of appeal against dismissal

    I think your friend needs the help of a union representative or an HR lawyer.
    Remember - if you don't use correct capitalisation, punctuation and spacing, anything you write will be incorrect.

  6. leszkoss's Avatar
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    #6

    Re: Letter of appeal against dismissal

    Quote Originally Posted by emsr2d2 View Post
    I think your friend needs the help of a union representative or an HR lawyer.
    I am quite sure that my friend does not belong to a union, and she cannot afford a solicitor.

  7. emsr2d2's Avatar
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    #7

    Re: Letter of appeal against dismissal

    Quote Originally Posted by leszkoss View Post
    I am quite sure that my friend does not belong to a union, and she cannot afford a solicitor.
    OK, but I would still recommend that she visit the Citizens' Advice Bureau for some advice. They usually have people with legal training who can look at cases. Perhaps if she doesn't get anywhere with the letter she has already written, she should consider the CAB.
    Remember - if you don't use correct capitalisation, punctuation and spacing, anything you write will be incorrect.

  8. leszkoss's Avatar
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    #8

    Re: Letter of appeal against dismissal

    Quote Originally Posted by emsr2d2 View Post
    OK, but I would still recommend that she visit the Citizens' Advice Bureau for some advice. They usually have people with legal training who can look at cases. Perhaps if she doesn't get anywhere with the letter she has already written, she should consider the CAB.
    She already contacted the CAB, and there is someone who advises her. She also mentioned this in one of her emails to the HR department.

    The appeal letter worked, because they accepted the appeal, there was a hearing and I could see they had sympathy for her. They agreed to carry out further interviews, and we humbly requested that they reconsider the whole case.

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