Appeal Against Job Dismissal-Law Assignment Solution Sample



1  Prepare a written ‘statement of case’

2   Think about what are the grounds for the appeal against the disciplinary decision

3    Think about how you could argue the case for the employer upholding the dismissal

4     Prepare a strategy for the Appeal, which will be discussed at the meeting, for both the employer and employee, which would include:

  1. a)Witnesses you would call and possible questions
  2. b)Details of how you would present the case
  3. c)What evidence would you use or highlight
  4. d)What additional information or investigations would your require
  5. e)Keep a written record of the time taken to read and prepare for the case






Employee: Name: Gary Worthy

Job title: Warehouse Operative

Company: The HDT Group LTD

Organisation The HDT Group LTD


Date dismissed:

14th August 2016

Dismissing manager:

Peter Waithe, Logistics Manager

Authorizing manager:

Ben Boil, Human Resource Manager


  1. Breach of contract by changing dress without supervisor permission

  1. Breach of contract by leaving the premises before time and without the supervisor permission


a) Dismissed after a breach of a final written warning

b) Dismissed with immediate effect (summarily; no notice)

  1. Reason for Appeal: State law

  1. Grounds for Appeal: Points 1 – 13

  1. The failures as well as the situations being mentioned henceforth pertain to the Supervisor and employer/organizational failure/s.

  1. Regards to the Job dismissal letter being presented to Gary Worthy it seems in many ways the inconsistent movements and implications of the various rules and regulations of the company. The inconsistency of which has created a confusing atmosphere in the workplace and has made, in this particular instance, Gary Worthy as the scapegoat

  1. Reason 1 alleged:


5.1 This seems to be a very personal form of the allegation with no sort of rules as well as to conduct ever declaring the fact that changing the dress in any circumstances will amount to a complete breach of the agreements as well as a petition to removal from the job held

  1. Reason 2 alleged:

    1. There have been multiple occasions that can be amply seen in the timesheet kept that I have been allowed to leave before the stipulated minutes before the stipulated timeline with the sign having been done after that. On the completion of my work, I thus found no reason to deviate from this normal routine. It should also be kept in mind that contrary to what the supervisor is presently commenting I did complete the task given to me before leaving the premises

      1. If referred to the timesheet it can be amply noted that the day in concern is the day that I have stayed the most amount of time in the office. It can also be noticed that in all the days before that the supervision in question has not only allowed me to leave early but has left early himself making this a routine to be taken strictly or vice versa under one person’s whim and thus does not only shows a less than optimal professional atmosphere but also creates an uncertain one of the same

        1. The supervisor is equally, and I would argue MORE and foreseeably complicit in any health as well as phycological related that has been put up by me in the statements thus making them equally culpable to a lapse of normal human treatment and management

  1. Statutory failure under employment law to treat employees fairly/reasonably, equally and consistently, including but not limited to other employees having equivalent and worse alleged conduct/performance issues, but not being treated as I have been. This can be seen very clearly noticed in the timings card that the supervisor has been clocking times before 11 as the out times, which is my main offense, in this case. Also, Greg though in the same situation as me and who even conversed aggressively with the supervisor has not been meted out with similar punishment

  1. Statutory failure under H&S legislation, Care Home Regulations, and CSCI requirements to take reasonable care for my health, safety, and welfare by not ensuring sufficient condition in the wake of my physical and mental states. Health and Safety Executive (henceforth HSE) recommendations, including but not limited to:

    1. Not ensuring efficient as well as relevant check-ups to my physical conditions of shoulder pain that was mentioned by me earlier I the meeting

      1. No essential training in the safe usage of forklifts and other heavy equipment

          1. No sick pay or leave benefits even after being dragonized with work-related stress and arm injury

            1. No one to assess the FLT operation in the corresponding week even after having shown concern and lack of confidence for the same

  1. Failure to acknowledge my co-operation and reasonableness as an employee, including but not limited to:

    1. Completed omitted the records after the alleged altercation where I decided and consented to complete the work and leave only after the completion

      1. Complete professionalism by not letting the death of my father as well as the severe health issue of my mother to affect my work quality and only using the latter as a reason to return home a few minutes early

        1. Complete agreement and consent with the issues being posed in the disciplinary meeting with a promise to never repeat the same in any future occasions.

  1. In view of all the points raised in this appeal, there are overriding health, managerial and systemic failures for which I am scape-goated.

  1. It took a single meeting without taking the present conditions of my health as well as a mental state or my side of the story into any account to dismiss me from my only source of sustenance. Similar actions though having done by multiple other members including the supervisors were not considered at all


  1. In view of the previous point, I believe that the decisions and actions resulting in my dismissal have been unreasonable as well as lacks the basic logical as well as moral fibre that is required before taking a decision of this stature. It also shows the lack of empathy and labour relations that this company possesses

  1. All of the points cited herein are foreseeable have breached the implied and expressed terms of employment law, health laws and has breached the implied terms of “mutual trust and confidence” for which I intend to seek full, public and legal accountability of the company and specific individuals.



Statement of Truth

I believe the information given herein is to the best of my knowledge true, accurate, complete, has been made freely and unconditionally, and is given in good faith.


Gary Worthy


Gary Worthy



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