Guest Posted October 6, 2009 Share Posted October 6, 2009 Hi all, Apologies for my lack of input on her recently but i guess since loosing my job my enthusiasm for certain things has dwindlled. Anyhow, i now have a date for an appeal at the nursery over my dismissal. Next wednesday. The appeal is being heard by the two directors who do not work in the nursery (but who are married to the two directors that made the decision to dismiss me). In their letter they assured me that the directors would be inpartial.... how much do i not believe that I am really confused myself right now and wonder what an appeal will actually achieve. In my letter to them i explained that: 1) they had breeched their own policies and procedures by not giving me 48 hours notice of a hearing 2) they had not responded to me within their five days as allotted in their disciplinarary procedures. 3) they had dismissed me over an unwritten statement by a fellow collegue who did not like me and was on a 'witch hunt' because i would not place her in the baby room - this member of staff made the complaint about me as she left the nursery for good. 4)They had not provided me with any evidence prior to the hearing. 5) they had taken into acocunt a previous warning on my file (non severe) and used this as a basis for getting rid of me, yet they did not address my excellent appraisal. I do not know what an appeal will achieve, i imagine not a lot really. guess im feeling dispondant, any tips / ideas on what i should be asking / saying at appeal, or indeed what to expect. your help will be greatly appreciated. Thank you Dawn Quote Link to comment Share on other sites More sharing options...
JacquieL Posted October 6, 2009 Share Posted October 6, 2009 Are you taking someone with you who knows how these things are managed such as a Union representative? That is really essential as they will be able to speak on your behalf when necessary, and are experienced in Employment Law. I'm sure you will be relieved when this is settled one way or the other and then you can move on in your life. Thinking of you. Quote Link to comment Share on other sites More sharing options...
Upsy Daisy Posted October 6, 2009 Share Posted October 6, 2009 Will you have someone there to support you? Have you had any advice from ACAS about what to ask for? Do they feel that you have a good case. My personal opinion is that you should ask for more than you are willing to settle for. I think people often come away with an extended period of paid notice and a good reference when the employer has to accept that they are in the wrong. You need to decide what you feel you deserve and what you need to get your career back on track. Don't forget that they won't be particularly keen to go to tribunal either. Don't get too despondent. You have done really well to get this far and you are doing it because you know that you don't deserve the treatment you have had and that they should not be allowed to get away with it. Quote Link to comment Share on other sites More sharing options...
Guest Posted October 6, 2009 Share Posted October 6, 2009 HI, unfortunatly was not part of a trade union so do not have a representative. I was going to take the person that came with me to the hearing, but she is not experienced in employment law. I can try and read up on it all, but i reckon i may be getting out of my depths here. Dawn Are you taking someone with you who knows how these things are managed such as a Union representative? That is really essential as they will be able to speak on your behalf when necessary, and are experienced in Employment Law. I'm sure you will be relieved when this is settled one way or the other and then you can move on in your life. Thinking of you. Quote Link to comment Share on other sites More sharing options...
Upsy Daisy Posted October 6, 2009 Share Posted October 6, 2009 I would at least have a chat with ACAS or see if someone from the CAB can accompany you. If you can find out roughly what you could expect you would feel more confident in standing your ground. Maybe someone else on the forum will be able to tell you a bit more about what you could expect. Quote Link to comment Share on other sites More sharing options...
Guest Posted October 6, 2009 Share Posted October 6, 2009 Hi Dawn, good advice from Upsy Daisy - write down what you hope to achieve and keep reminding yourself of your objectives right up until you get into the meeting! Contact ACAS or CAB and push for someone to accompany you as an impartial observer and moral support for you. and... Keep Positive! Nona X Quote Link to comment Share on other sites More sharing options...
Guest Posted October 6, 2009 Share Posted October 6, 2009 I would get on to the Citizen's Advice people - surely the two directors attending must have a conflict of interest of some sort if they are married to the ones who dismissed you? You need someone impartial to give you some informed advice - it may even be worth paying someone if it means that in the long term you come out with a better deal and your career back on track. I know it's a tough time but try to keep your self belief and I agree with Nona that writing everything down can clarify things. I find it stops everything from whirlling round in my head and gives me some brain space to actually think with! (something that is generally in v short supply believe me!!) Chin up, good luck and keep us posted. Quote Link to comment Share on other sites More sharing options...
Guest Posted October 6, 2009 Share Posted October 6, 2009 Talk to someone at your local job centre, I say this because years ago (many years ago) I was unfairly dismissed, I didn't know it at the time because I didn't know my rights (I was only 19). After losing my job I signed on, then a man from the job centre contacted me said he had arranged a meeting with my former bosses and would I attend, he explained I had been unfairly dismissed. I went to the meeting, he did all the talking and I came away with a settlement because the bosses didn't want it to go any further. Not sure if this service is still available these days but I would think that they would know at the job centre about employment law, unfair dismissal and be able to put you in contact with someone who could represent you, possibly with legal aid. As others have said, keep your strength for this very last hurdle, I can only imagine how difficult it must be for you, but have faith in your convictions, these people should not get away with this, for your sake and for future employees sakes. You deserve all the support you can get because you definately deserve a fair hearing and fair representation. Best of luck. Peggy Quote Link to comment Share on other sites More sharing options...
Deb Posted October 6, 2009 Share Posted October 6, 2009 How can they be impartial? Please Clare get some proper help, phone ACAS or CAB. You sound rather vulnerable and you need help to stand up for your corner, you are worth fighting for! Quote Link to comment Share on other sites More sharing options...
Guest Posted October 7, 2009 Share Posted October 7, 2009 Hi Dawn. Just as everyone else has said, you do need to take someone with you who understands employment law. Are you a member of any early years network such as NDNA? They offer legal advice and also may be able to point you in the direction of someone who could support you. I would go and see a solicitor who specialises in employment law, I understand that this is expensive but should you win your appeal the nursery will be responsible for meeting the costs you have incurred. Maybe there is someone who would operate on a ‘no win no fee’ basis. I think you need a clear objective of what you wish to achieve from the hearing and work towards that. The Directors attending are definitely not impartial (the nursery pays their and their partners wages). Don’t allow yourself to be bullied, the nursery will be as unsure and apprehensive as you are, it is in their interests to get this issue resolved quickly with the minimum of expense and publicity, so professional /support advice is essential, you can also take the original person for moral support too. (don’t be outnumbered) good luck Julie Quote Link to comment Share on other sites More sharing options...
Guest Posted October 20, 2009 Share Posted October 20, 2009 Hi Dawn Hope you are well, just wondered if you had any news yet? Thinking of you x Quote Link to comment Share on other sites More sharing options...
Upsy Daisy Posted October 20, 2009 Share Posted October 20, 2009 Hi Dawn Hope you are well, just wondered if you had any news yet? Thinking of you x Yes. I've been wondering too. Quote Link to comment Share on other sites More sharing options...
Guest Posted October 20, 2009 Share Posted October 20, 2009 Hi Dawn, As you can see I looked in, too, to see how you were getting on! Nona Quote Link to comment Share on other sites More sharing options...
Guest Posted October 21, 2009 Share Posted October 21, 2009 I'm another one who keeps wondering how things have progressed, and I very very much hope things have improved. Gruffalo2 Quote Link to comment Share on other sites More sharing options...
chocisgood Posted October 21, 2009 Share Posted October 21, 2009 thinking of you too! Quote Link to comment Share on other sites More sharing options...
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