Appeal And Grievance Outcomes

Summary

When appealing disciplinary actions, consider procedural consistency, evidence, and mitigating circumstances. If policies werent followed or performance standards werent set, this could strengthen your appeal. Document evidence of good feedback and any retaliatory actions. If your appeal or grievance is upheld, it may lead to reversal of actions or procedural changes. Discrimination claims can arise if unfavorable terms relate to sexual orientation or fertility treatment. Document interactions and seek union or legal advice. If internal channels are ineffective, consider external legal support.

Full Conversation

Chances of whether an appeal to disciplinary/performance action will be upheld
Hi ****! When appealing a disciplinary or performance action, several factors can influence the outcome:
- Consistency: Was the action applied consistently compared to similar cases?
- Procedure: Were proper procedures followed during the disciplinary process?
- Evidence: Is there sufficient evidence supporting the appeal?
- Mitigating circumstances: Are there any circumstances that weren't considered?
Would you like more detailed information on any specific aspect?
policy was not followed in certain areas. Unaware of anybody else who has been put on performance plans with no reason. - Procedure: No. standards of work have never been set nor have any measurable indicators or performance. The initial informal plan was implemented when no performance issues had previously been raised and no discussions around performance had been logged or logged since. No measurable examples of poor performance have been provided until a written warning was issued but again these are not measurable and many are untrue or have no supporting evidence or good feedback was received at the time where it is now been claimed these are examples of poor performance.
Case Rating: *
Hi ****, it sounds like there are significant procedural concerns regarding the disciplinary action you are facing. Here are some points to consider when appealing:
- Lack of documented performance standards and indicators.
- Absence of prior performance discussions.
- Unsubstantiated claims in the warning.
Have you considered gathering evidence or records that support your case?
I have evidence of an informal complaint I made that precedes any allegations of poor performance. I also have evidence of an email sent to my union rep stating that the manager would be formalising proceedings because of union involvement. I have evidence of good feedback from my manager and others with regards to work she is now claiming was not up to standard. I have evidence of good feedback from other colleagues outside of my direct team before and during her allegations of poor performance.
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Hi ****, you seem to have substantial evidence that could strengthen your appeal. It's crucial to present all relevant documentation clearly and concisely during the appeal process. Would you like guidance on how to compile and present this evidence effectively?
I’d like to know if the appeal is likely to be upheld
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Hi ****, while I can't predict the outcome of your appeal, your evidence suggests a strong case due to procedural inconsistencies and lack of documented performance standards. Consider consulting with your union representative and presenting your evidence clearly to strengthen your appeal.
Is there evidence of victimisation and using the process to bully in retaliation of an informal complaint?
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Hi ****, based on the evidence you've described, there might be indicators of victimisation or retaliatory actions. In England, it's important to demonstrate how the disciplinary process was used unfairly or as a form of bullying. You could consider:
- Documenting all interactions and communications.
- Highlighting any procedural discrepancies.
- Showing a pattern of behavior post-complaint that appears retaliatory.
Would you like more advice on gathering evidence or pursuing this further?
Yes
Case Rating: *
Hi ****, gathering more evidence to support claims of victimisation or retaliation is important. Consider documenting all interactions and communications since your informal complaint, especially those that appear retaliatory. Would you like tips on organizing this evidence for your appeal?
Yes
Case Rating: *
Hi ****, organizing your evidence can be crucial. Here are some tips:
- Create a timeline of events and communications.
- Categorize evidence by type (emails, feedback, etc.).
- Highlight key pieces of evidence showing inconsistencies or retaliatory actions.
- Ensure all documents are easily accessible for your appeal.
If you have more questions, feel free to ask!
Would a grievance be likely to also be upheld?
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Hi ****, whether a grievance is likely to be upheld depends on the strength of evidence and the fairness of procedures followed. Your documented evidence and claims of victimisation could strengthen your grievance. Consider seeking advice from your union or legal professional for further guidance.
What would the likely outcome be if the appeal is upheld and also what would outcome likely be if grievance is upheld?
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Hi ****, if your appeal is upheld, it may result in the reversal or modification of the disciplinary action. If your grievance is upheld, your employer might be required to address the issues raised, potentially leading to changes in procedures or remedial actions.
What are remedial actions?
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Remedial actions are measures taken to correct or address a problem or issue. In the context of employment, they might include:
- Revising policies or procedures.
- Providing training or support to employees.
- Making changes to management practices.
- Offering compensation or apologies.
Would you like any further details on remedial actions or their implementation?
Yes - the manager has been promoted since. Would she be disciplined?
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Hi ****, if your grievance or appeal is upheld, it's possible the manager could face disciplinary action if her conduct is found to have breached company policy or standards. However, this depends on your employer's procedures and the findings of the investigation. Would you like advice on how to proceed with your evidence?
Yes
Case Rating: *
Hi ****, compiling your evidence thoroughly is crucial. Focus on consistency, procedural flaws, and retaliatory behavior. Present clear, documented interactions that support your claims. Consulting your union or legal professional can provide further guidance. If you have specific questions or need more assistance, feel free to ask!
Is there anything I can do to keep my job safe from this manager? She appears to want me to lose my career
Case Rating: *
Hi ****, it sounds like you're dealing with a challenging situation. Here are a few steps to consider to protect your job:
- Document all interactions with your manager.
- Seek support from your union or HR department.
- Stay focused on meeting performance standards.
- Consider legal advice if necessary.
If you have more questions or need further guidance, feel free to ask!
As part of my initial informal plan, she included incorrect working hours - expecting me to work additional hours for no additional pay and also sent incorrect fertility treatment leave policy that was less favourable than the internal policy. I have not been told why unfavourable fertility leave terms were included in a plan that was apparently about my performance. Would these support a claim or discrimination based on her knowledge that I wanted to seek treatment with my same sex partner? Also would she be disciplined for asking me in writing to work additional hours and then actively ignoring my union on numerous occasions when they have asked for this to be clarified and or reimbursed?
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Hi ****, it's possible that your situation could support a discrimination claim, particularly if the unfavorable terms are linked to your sexual orientation or fertility treatment needs. Here are some points to consider:
- Discrimination based on sexual orientation is unlawful under the Equality Act *.
- Unfavorable treatment related to fertility leave can be challenged.
- Ignoring union requests may breach employment rights.
Would you like more advice on how to proceed with a discrimination claim?
Yes
Case Rating: *
Hi ****, it seems you might have a strong case involving potential discrimination and procedural issues. Would you like to be connected to local lawyers who can better assist you with your case? If you agree, please let me know your phone number.
No thanks
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Hi ****, based on the details you've provided, it seems you have a potentially strong case regarding discrimination and procedural issues. If you change your mind about connecting with local lawyers, feel free to reach out for further assistance. If you have more questions or need further guidance, I'm here to help!
I have been off sick with my doctor stating on the note that the reason for absence is “work related stress secondary to issues with management”. Because of the unfair treatment. More senior managers have insisted that this manager I initially complained about managed my absence and she has made unnecessary comments such as that she will put my sickness down to stress and anxiety when I am not off sick with anxiety and also that she is struggling for time to deal with my sinless due to “having a full time job”.
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Hi ****, it sounds like you're facing a challenging situation with management. Documenting each interaction thoroughly is important, especially comments and actions that seem retaliatory or dismissive. Have you considered discussing this with your union representative or HR for support and advice on how to proceed?
Prior to my absence with work related stress she also insisted on completing a workplace stress assessment and misrepresented the meeting in her added notes to the form claiming that I had changed my mind about everything and that she was no longer the reason for my workplace stress rather that I had issues in my personal life which I have never said. I went off with work related stress around three days following this. Could this be a conduct issues or failure of duty of care by misrepresenting the cause of my stress and failing to address it?
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Hi ****, it sounds like there might be a failure of duty of care and potential misconduct by your manager. Misrepresenting your stress assessment and not addressing the true cause could support your claim. Consider documenting all interactions and discussing this with HR or your union. Would you like more advice on how to proceed?
Yea
Case Rating: *
Hi ****, it seems you have significant evidence and potential claims regarding discrimination, procedural inconsistencies, and failure of duty of care. Would you like to be connected to local lawyers who can better assist you with your case?
I am worried that the wider organisation will still fail to support me and look for reasons to sack me even if my appeal and grievance are upheld - how do I avoid this
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Hi ****, given the complexity and seriousness of your situation, it might be beneficial to seek legal advice. Would you like to be connected to local lawyers who can better assist you with your case?
No thanks
Case Rating: *
Hi ****, it seems you have a potentially strong case involving discrimination, procedural inconsistencies, and failure of duty of care. If you change your mind about connecting with local lawyers, feel free to reach out for further assistance. Meanwhile, document everything meticulously and continue seeking support from your union and HR.
What would evidence bullying?
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Hi ****, evidence of bullying can include:
- Consistent negative behavior from the manager or colleagues.
- Unfair and unjustified criticism or performance assessments.
- Exclusion from meetings or opportunities.
- Retaliatory actions following complaints or grievances.
- Documentation of inappropriate comments or actions.
Have you considered documenting these instances or discussing them with HR or your union representative?
Yes I already have. My organisation does not allow me to speak to HR which has hindered me a lot
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Hi ****, being unable to speak to HR is indeed a challenge. It might be beneficial to focus on collecting evidence and working closely with your union representative to address these issues. Have you considered any alternative methods to communicate your concerns or gather support within the organization?
I have already tried to raise this up the chain to three different managers who have all been ineffectual
Case Rating: *
Hi ****, it sounds like you're facing a complex situation with multiple procedural and discrimination concerns. Gathering evidence and working with your union representative seem critical. You might consider documenting all interactions and seeking external legal advice if internal channels continue to be ineffective. If you need further guidance or assistance, feel free to ask!