Appeal retraction. Can I?

[clansman2]

due to the stress and pressure I been put under by this long drawn out case, Ive decided to withdraw my appeal & accept the companies decision to issue me with a final written warning.
I requested to retract my appeal but have been told that the company will not let me retract it and the appeal hearing will now go ahead even if I do not attend.

Can this be done?

How would this be viewed by an ET?

[paulgmb]

This is highly unusual!
Normally the appeal is the property of the appellent and as such is your property to submit or withdraw. Does your company procedure mention anything about this? If you are a Union member have you sought their advice?
Of course the reason the company might be refusing to allow you to withdraw is because at appeal, companies can impose a tougher sanction as well as a lesser one. Being 1 step away from dismissal I think you can see where this might be heading if someoe higher up wants you out!
I know that if you give notice and then change your mind, companies don't have to accept a retraction and maybe this is similar?
I'm sure others will advise. I'm also unsure how an ET would view it. Personnaly I would fight my case if I thought the sanction was harsh or if I believed I had done nothing wrong.

Regards,

Paul.

[clansman2]

Originally Posted by paulgmb

This is highly unusual!
Normally the appeal is the property of the appellent and as such is your property to submit or withdraw. Does your company procedure mention anything about this? If you are a Union member have you sought their advice?
Of course the reason the company might be refusing to allow you to withdraw is because at appeal, companies can impose a tougher sanction as well as a lesser one. Being 1 step away from dismissal I think you can see where this might be heading if someoe higher up wants you out!
I know that if you give notice and then change your mind, companies don't have to accept a retraction and maybe this is similar?
I'm sure others will advise. I'm also unsure how an ET would view it. Personnaly I would fight my case if I thought the sanction was harsh or if I believed I had done nothing wrong.


Regards,

Paul.

Thanks Paul but as you say, it looks like they are going for me.
Ive checked with ACAS and they say they have never heard of a company doing this and they think that an ET would take a very bad view of it.
I fully intend to fight all the way.

Thanks again.

[paulgmb]

I wish you luck and have to say that I agree with ACAS. I have also asked one of my Union Organisers who say this is highly unusual. Make sure if you do withdraw the appeal that you can prove that they received your letter and keep copies of everything and if they want to talk to you try and get a colleague to witness what they say.
Regards,
Paul.

[clansman2]

Thanks again Paul. New date has been set for 25th Sept.
Will let you know how I get on.