Employment question.

'John' is sacked from his job (in the catering industry) He is told he can appeal the decision.
If he choses not to appeal the decision (because he doesn't want to go back) can he bring a case of Unfair Dismissal against the employer.

What I'm asking is appealing a decision different to bringing an Unfair dismissal case? Thanks.

 

https://www.acas.org.uk/

 

I’d appeal if unsuccessful make a claim for unfair dismissal . If his appeal is successful look for another job

 

he can still bring a claim yes. his award may be reduced by up to 25% if he wins his case however.

 

thanks -
as he doesn't want to go back to the job is there any point in appealing the company's decision?

Can he bypass the appeals procedure and go directly to make a claim for Unfair Dismissal ?

 

see my post above. He can, but it wouldn’t be a good idea.

 

He would imo. Definitely need to go through the appeals procedure. Then challenge if he thinks he has a case. I guess he's not in a union for advice. And bear in mind. it's usually only gross misconduct to get sacked. Also has he been with the company at least 2 yrs. ?.
The company doesn't really have to give a reason before that period. Another of workers rights shat on. Used to be 6 months.

 

What did they sack you for ? " John ".

 

He put his willy in the bread slicer….hes appealing cos she kept her job