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One Appeal ? Is that final ?

One Appeal Is that final

Hi all

I was recently given a verbal warning at work for absence and I appealed against it.

I today received a letter to advise me that the warning had been upheld there is no further right to appeal and the decision is final.

Is this correct as I am still not happy and want to take the matter further.

Thanks.
Anthony Bradshaw

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17th Jan 2008 12:50

Hi Keith
Thanks for your advice.
The two occassions of dependents leave were when my daughter got taken into hospital for four days and I was also off for 7 days when my wife had a breakdown. Upon my return to work both times I was given a back to work interview with my line manager and then an investigation with my line manager and another manager. On both occassions they decided that my absence was dependents leave.
It was only last week when I looked into dependents leave and found out it was my legal right in those circumstances to take unpaid leave.
I do feel as though I am on the road to constructive dismissal when my People manager - who is in charge of all personnel related things like sick pay, disciplinary, etc says to me that it is her personal opinion that I was not ill when I was last absent from work.
I feel her comments and her position have put me in an untenable position. The next time I happen to be absent she is not going to believe me or authorise any sick pay payments is she ?
I suppose I just have to grin and bear it :(

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By kluxon
17th Jan 2008 08:57

Anthony

As mentioned below if the policy says there is only one appeal and you have had it then yes this is the end of the internal process. You can as mentioned raise a grievance against the wy you have been treated or if you think teh company policy has not been fairly handled.

You mention only recently becoming aware of dependents leave. From this I assume that when you took this leave you didnt request it as dependents leave? Did you phone in sick on these dates and only later try and turn it into dependents leave? If so then I am afraid you can't re-classify leave in this way.

You also mention that no action was taken against the first time you were off. This doesnt mean that it cant be counted.

Your options are
(1) To raise a grievance against the way you ahve been treated - but you will need to clearly demonstrate the unfairness of the action
(2) To grin and bear it
(3) To resign and claim constructive dismissal (you will need to raise a grievance anyway). CD is one of the hardest things to prove and I am not sure I can see enough evidence here to support a claim.

Keith

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16th Jan 2008 23:22

It also states on the letter to say the verbal warning was upheld that the appeal decision was final 'as discussed at the end of the hearing'.

There was no mention of this appeal being final and leaving me no options upon the decision. The first I knew of this was from the letter today.

Can this be challenged as well ?

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16th Jan 2008 23:19

Hi Peter
Many thanks for your reply.
A quick update. I wrote to my people manager stating that I should not have been disciplined for 5 occassions of absence as 1 had no action taken and 2 more were dependents leave to which I am legally entitled.
I was told I had opportunity to raise this matter during the back to work interview, investigation, disciplinary hearing and appeal hearing. I pointed out that I had only become aware of the Employment Relations Act 1999 re: dependents leave and suggested the company were in breach of this Act. I have been told that it will be discussed no further and the appeal result is final.
I have also been told by the people manager that her personal opinion is that I was not ill when I was last absent from work. I feel that leaves me in an untenable position as she is head of personnel. Is it worth going to CAB or a solicitor ?

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16th Jan 2008 17:07

Anthony
that is it unless your policy allows more.
however if I am right and they have not heard your appeal properly then you could raise a grievance about their handling of the appeal

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