dismissed, appealing but found out been replaced!

[Jenny123G]

Can anyone tell me if my employer can do this? My boss has 14 years service and on 18th Dec after two weeks suspension. She was dismissed (harshly which is why we are appealing). She received her letter on the 21st and sent off her appeal letter on the 24 th.
Found out today that an internal transfer is taking place and they start in her unit on Thu.
Can they replace you whilst you appeal?

[slartybartfast]

perhaps it is only a temporary transfer? to cover

[Jenny123G]

Its definitley a permanent transfer as the person who's replacing told me so. Don't want to go into too much detail incase it affects our appeal process.

[GozerTheGozerian]

Well it's ill-advised as if they do have to reinstate her then they will need to sort the situation out with the new person. I'd certainly appeal but say I had little confidence in the process since they'd already made a permanent replacement. And ask why they had made the decision to backfill the job so quickly.

[Jenny123G]

Yea its dreadful what they've done really. They approached the replacement whilst boss was suspended and told them that she was off on the sick and if she didn't return that replacement would move over permanently.
So they already made thier decision before the disciplinary hearing took place. Problem is we have no physical proof.

[slartybartfast]

perhaps thereis more to this than meets the eye. perhaps your boss was on a final warning?

[yohohoho]

Yes they can. If she returns it may not be appropriate for her to return to the same job. She must return at the same level, but dependant on circumstances of her suspension, she won't necessarily get the same job.

[Jenny123G]

No no final warning. She was with them for 14 years. Absolute clean record. I was her representative in her hearing. To which there was 3 points. 1 Admittedly was bad and this is what they terminated her on the other 2 points were petty and invalid. Problem is new boss disliked her from the day they met.
I'm just trying to gather as much fact and info for her ready for her appeal meeting.

[Lonecatwithkitten]

So one of the points was pretty bad so has she been dismissed due to gross misconduct? If this is the case there don't need to be any warnings.

[yohohoho]

so are you basing the appeal on the fact you think the outcome had already been decides or that what she did was nit bad enough to dismiss her.

[Jenny123G]

No it definitley comes under gross misconduct and I don't disagree that there are grounds for dismissal. What I do disagree with is it was blatantly obvious as soon as the meeting started that the decision had been made and that I believe she wasn't given a fair hearing. That and it ending with her being branded a thief in the closing statement.

[yohohoho]

But it was gross misconduct. So really, whether her boss doesn't like her or not it wouldn't matter. Its gross misconduct so she was dismissed.

I am unsure why the fact someone is now doing her job will help too prove she shouldn't have been sacked when you agree she did what she was sacked for.

[Jenny123G]

It all depends on how you look at it and I don't disagree with what you are saying. It was an error on paperwork that resulted in this. She has 14 years hard graft with them. This error happened in Oct but only got brought to light Xmas week. The fact she didn't have a fair investigation and the way her disciplinary went makes it obvious to me they were looking for a way to get rid so my initial question is to gather more evidence that this is the case.
Tbh even if she did win the appeal I don't think she would go back. Its more to prove a point that she made an error and not a thief and that its all a case of if your face fits. But yes to an extent you are right. X