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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 44924
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have recently appealed my dismissal on the grounds of gross

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I have recently appealed my dismissal on the grounds of gross misconduct, mostly on the grounds of procedure (no investigation / conflicting witness statements etc). The person hearing my appeal, the MD, has said on several occasions in the past (in front of witnesses) that he wants me gone. I asked him if he could be impartial and he said he could, although I have strong evidence to the contrary. I have been told that he will respond to my appeal within 7 days. This has made me really ill, I am now on medication from the GP. I am worried that they may come back and offer to reinstate me to my post (I worked there for over 8 years) but I do not feel that this would be an option for me as I am sure they would target me again. Can I refuse the reinstatement? And, if so, what are the options for me?

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know what you hope to achieve

Customer:

Hi sorry I was expecting an answer to my question as indicated in the email message sent to me "I have just answered your question" rather than an 'offline' message. Although I said I had a little time for an answer, it is not clear how long the delay in replying might be (unless I have missed something on the website?).

Customer:

I want to know what my options are. If they do offer my job back, do I have to take it?

Customer:

Status is wrong - not awaiting customer action, awaiting answer to question please.

Thanks for your patience. When you appeal a dismissal the only outcome you may seek is reinstatement - there is nothing else the employer can offer you at this stage. If reinstatement is offered to you then you do not necessarily have to take it but if you then go on to make a claim in the employment tribunal you would need to justify why you had refused an offer of reinstatement. This may not necessarily be an issue of there are good reasons for doing so, for example if you had been the victim of bullying or unfavourable treatment, or the employer had acted in a manner that had resulted in a breakdown of trust and confidence between you and them. There are times when the events leading up to a dismissal have made it impossible for an employee to trust their employer again or to consider working for them again so even if they are successful on appeal and offered reinstatement, they are not in a position to take it as a result.

So yes, it is entirely possible for you to reject the offer of reinstatement, just have a good idea of the reasons why you did this, in case you need to justify your decision later.

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much
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