Appealing disciplinary

LegacyUser

I have come through a disciplinary in work and gone through appeal process which resulted in a final written warning which stays for 1 yr on file. If I appeal this via Employment Appeals Tribunal what is best case scenario for me as I want to know if it is worth doing.

I have been out of work with stress due to this and got paid for 4 weeks but last 3 weeks have not got paid so on sick benefit. So if I won via Employment Appeals Tribunal what would I hope to achieve in monetary terms aswell as decision of final written warning been overturned. Can you receive compensation for stress caused by disciplinary if overturned by
Employment Appeals Tribunal Just want to know if worth it,,

3DataModem

Advice on decision wrote: »

I have come through a disciplinary in work and gone through appeal process which resulted in a final written warning which stays for 1 yr on file. If I appeal this via Employment Appeals Tribunal what is best case scenario for me as I want to know if it is worth doing.

I have been out of work with stress due to this and got paid for 4 weeks but last 3 weeks have not got paid so on sick benefit. So if I won via Employment Appeals Tribunal what would I hope to achieve in monetary terms aswell as decision of final written warning been overturned. Can you receive compensation for stress caused by disciplinary if overturned by
Employment Appeals Tribunal Just want to know if worth it,,

Employment appeals tribunal doesn't award costs, and don't award damages. They only cover loss; in the case eg of unfair dismissal it is capped at two years monetary loss of salary.

Also, I am not sure that they deal with grievances against disciplinaries.

davo10

OP was the disciplinary procedure carried out in accordance with your contract? Did you have representation at both the initial hearing and the appeal? Was the appeal heard by someone else apart from the person who heard the initial hearing?

You could issue legal proceedings but if your employer followed correct procedures then it would be difficult and very expensive for you to challenge it. No employee ever likes to lose an appeal. Employers are not required to pay you during sick leave and stress due to disciplinary proceedings though understandable, the process is accepted as a legitimate and essential right of the employee to voice their opinion on the allegations.

At best OP you may be able to appeal if correct procedure wasn't followed but you will need to speak to a solicitor who is knowledgable on employment law, remember you have not been dismissed so if you quit due to this and claim constructive dismissal, you will have to prove you were constructively dismissed rather than the employer having to prove you were fairly dismissed if they terminated your contract.

Lastly, if you stay out of work for a protracted period, the employer can begin the process of terminating your contract.

In short, before you do anything, see a solicitor, you will have to be prepared to pay whatever he/she charges, and there is no gaurantee that they will tell you what you want to hear.

LegacyUser

You have a process to follow that would be outlined in your companies disciplinary policy. (By signing your contract you agreed to this). Generally you have 7 days to appeal the decision with your employer directly. However you would need a damn good reason to get this overturned. HR work on the mindset that anything can open you up to litigation. Well any HR that knows their stuff. So that decision wouldn't gave been taken lightly. Think about the what you did to get to this stage abd also if this is a company where you want to continue. It's very possible that someone can put their head down and get back to a good standing after a final written warning.