dismissed /reinstsated

[ladclwd]

i got dismissed in oct 08 , (unfairly) had an appeal of which i won in dec 08 , i got reinstated in jan 09 but its pending a suspension which i received just after i got my disciplinery in oct 08, my dismissal was changed to a final written warning, but on 30/01/08 ive got an investigation meeting into my suspension , is this allowed after the fact that ive won my appeal

[Lil O'lady]

It seems as if this organisation wants you out, one way or another. Without knowing the detailed background it's impossible to make an evaluation of the rights and wrongs o the case, but the firm are within their rights to continue investigating the suspension that occurred before your unfair dismissal, UNLESS something was recorded in the process of the reinstatement to the effect of 'wiping the slate clean'.

[ladclwd]

no they didnt wipe the slate clean , they just cahanged the dismissal to final written, but my suspension was for not following a reasonable management descision (i wasent to contact a witness in my disciplinery case, but she phoned me , and when i spoke to her i appologised , so she contacted me ) can they still give me another discipline for somthing so menial

[bednobs]

yes, from what it sounds like the two incidents are seperate. The dissmissal was presumably for something else entirely

[buildersmate]

The sequencing of events doesn't make logical sense to me. I agree with the sentiments in Lil's first sentence - they seem pretty determined.
I guess the question I have to ask is whether the successful appeal was an internal appeal, or did it involve ACAS / Employment Tribunal?
If it was an internal appeal it seems perverse to me if they decided to allow the appeal but not wipe the slate on the linked second issue that could lead to further disciplinery actions.
If an outside body found in your favour, it makes more sense logically - they failed last time so they are trying again. If it is this latter thing, they are going to have to be very careful - and from what you said there were mitigating circumstances - she phoned you. Provided you said something like 'I've been told that I must not talk to you' pretty quickly in that conversation, it sounds like they are really clutching at straws.

[ladclwd]

i won the appeal , it was an internal appeal, she phoned me for a work related matter, all i said was" im sorry for asking you for permission to go home early the other day"... but i got suspended for contacting her, even thought i didnt realise i couldent talk to her, at the time she was the person in charge of my workplace ...

[ladclwd]

bednobs , no it was the same incident its just that the suspension was for not following a reasonable management order,,, in para 5 of the disciplinery letter it said" you must not contact the night sister," but it was her who was on duty that night , and when i answered the phone it was only then i realised it was her.... but because i had bad eyes at the time i dident read the whole letter, and dident know i couldent talk to her ...

[bednobs]

it's not the same "incident" though - i presume you werent dismissed for talking to your boss? Ok so it is related to the dismissal, but its a seperate thing

[ladclwd]

fair point , but as ive been reinstated but with no reinstatement date, ive decided to take this to tribunal, and see if they decide the same, my old employers have till today , or i start my tribunal papers tomorrow