Taking a wrongful dismissal case to tribunal

EllieA wrote: »

Ok well i'm telling you he didn't hang up on the customers, so can we please look at the situation from that point of view. Im looking for help based on my point of view not for someone to come and stand up for the bank.

The letter for the 28 days notice actually went out 2 weeks ago so i think we should be just in time. The claim has as far as im aware already been submited to the tribunal the date is for when a decision will me made without the banks input.

Ellie - I would check just to make sure. Either check with the solicitor or contact your local tribunal office (their details can be obtained from the tribunal website).

I am a little confused by the fact that your solicitor has sent a letter to the bank demanding a response/settlement. This is not the same as an ET3 form which the employer should have received in response to a claim to a tribunal from the tribunal office. Have you received a copy of the ET3 from your solicitor or the tribunal office? Is your solicitor updating you with the progress of the 'claim'? I would certainly give him/her a call to update the situation -ASAP.

These might help:

http://www.employmenttribunals.gov.uk/Documents/FormsGuidance/09_1177_MakingaClaim.pdf

http://www.employmenttribunals.gov.uk/Documents/FormsGuidance/09_1178_Responding.pdf

There are not just financial implications at stake, but the reputation of your OH as this issue could hang over him for a long time in respect of future employment.

OP please ignore the sniping between Anihilator and others, there is a history that does not concern your husband´s case.

Essentially you are talking about a potential case for UNFAIR dismissal, not wrongful as stated in the thread title. This would be heard in front of an Employment Tribunal. As has been stated there is a time limit of 3 months from the date of dismissal. Wrongful dismissal is a tort at common law that is an altogether more complicated and expensive action that has to be taken in the High Court.

The burden of proof, which is "the balance of probabilities" otherwise known as "preponderence of evidence" falls upon the bank. You will need to discredit the bank´s evidence sufficiently to put doubt in the Tribunal's mind that it was a reasonable decision to dismiss your husband.

Comments here about his "guilt" or otherwise are quite irrelevant. It is unlikely that your husband would have been able to put sufficient information here to come to an informed decision, even less likely that you as a third party would be able to do so. Tribunals do not work on prejudice or general perceptions but evidence and arguments that are laid before them.

If you are out of time to make a claim for an Unfair dismissal claim you may then have two courses of action. You could start a Wrongful dismissal claim, that has to be brought in front of the High Court, or you could start action against the solicitor for not properly advising you. Neither of these would be attractive options, not least of all because of the associated cost.

Oh and although it's hard to pass views about the case based on the limited detail that you have given, I'm assuming that the fact that a no win no fee solicitor has taken on your case means that he views it as having a reasonable chance of success (they won't take on weak cases) which your husband should feel more positive about.

I dont normall feed trolls but anihilator, your life must be very very sad to have to try and get human interaction by trying to inject confrontation into so many threads. try getting out more, meeting people, althougth if you are like it in real life I expect you might just meet your match. I am sure however you will just carry on, do not expect to have a long and happy exchange on this as I have a life.