Being dismissed from your job is one of the most distressing things that can happen within the workplace, especially if you do not agree that the decision is fair or it has happened suddenly. Some employers state in their Employment Contracts that if you have less than two years’ service that they may not follow the full disciplinary process. In this case you could have a meeting and then be informed of your termination in that same meeting, giving you no time to prepare for such a life changing decision. Employers can do this because under two years’ service you cannot lodge a tribunal claim for an unfair dismissal, unless you believe it to be on the grounds of a protected characteristic covered by the Equality Act, such as disability, race or religious belief. We would still encourage you to lodge an appeal even you have less than two years’ service.
You should have received a letter/email from the Company confirming the decision to dismiss you and this letter should contain the details of how to appeal, the time-frame you need to appeal within and who to send the appeal to. If you haven’t received anything in writing, check the Employee handbook, and if nothing is explained there either, then we recommend writing to the person who dismissed you within five days of receiving the termination decision. Also send the letter by Recorded delivery so you have a record of it being sent.
If the employer does not follow a full disciplinary process, which includes the appeal stage then any award issued to you in an Employment Tribunal can be increased by 25%, so it is always worth appealing the decision.
In your appeal letter you need to clearly state that you wish to appeal the dismissal decision. Then outline the reasons why you wish to appeal.
You should then be invited to an appeal hearing, which should be held by someone impartial. During that meeting you should be given the chance to explain why you wish to appeal the decision, then you will receive an outcome letter in writing, which could hopefully be that you are reinstated to your role if the appeal officer agrees with you. If not, then you may have the right to lodge a tribunal claim against the Company.
If you need more support or have questions on this, get advice from our HR experts to assist you in making the best of the appeals process.
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