Advice about dismissal - please

joanne_d_3

Amber07 wrote: »

Nope, nothing.

Their judgement did say at the end that had compensation been awarded it would have been the requested losses plus a 25% uplift so we lost out on around £36,000. I would have preferred not to know that tbh lol.

It must have cost the employers well over 25k to go to tribunal, our fees will come in at around 21k.

At least two companies have benefitted financially I guess....:o

Oh Amber i am so sorry for you

As i am going through the whole tribunal process with my own husband , i can fully understand how disappointed you must be feeling.

Its a lot of money.

At least you can take some comfort in the fact that the employer hasnt walked away scott free......£25k in legal fee's must have made them feel a little sick as well !

Im sorry x

Amber07

Well you win some you lose some I guess

Our solicitor has asked if we want to appeal, but I don't see the point. 'Technically' we won, so I doubt the insurance would cover it anyway. I want to put it all behind us now, it has been an awful year.

I wish you and your husband luck joanne, all I can say from our experience is concentrate on any secondary allegations as well lol.

xx

sho_me_da_money

So basically after 21 pages of this, we find out your husband split a tip with a fellow worker and got branded a thief. What happened with the worker he split the tip with?

Personally though, regardless of the bullying and inappropriate disciplinary, the whole tip thing would have gotten him fired for Gross Misconduct. I think the board may have found it difficult to justify and award what they considered a tea-leaf.

Had the £10 not come into question, I think you may have gotten something out of this for unfair dismissal.

The good thing is that the people on this thread have been extremley supportive (hats off to you all), which is far from what I can say about the negative !!!!!! in my previous threads.

Googlewhacker

Amber07 wrote: »

Nope, nothing.

Their judgement did say at the end that had compensation been awarded it would have been the requested losses plus a 25% uplift so we lost out on around £36,000. I would have preferred not to know that tbh lol.

It must have cost the employers well over 25k to go to tribunal, our fees will come in at around 21k.

At least two companies have benefitted financially I guess....:o

Your insurance pays for it though surely?

Uncertain

Amber07 wrote: »

Well you win some you lose some I guess

Our solicitor has asked if we want to appeal, but I don't see the point. 'Technically' we won, so I doubt the insurance would cover it anyway. I want to put it all behind us now, it has been an awful year.


xx

I think you need to let the dust settle for a few days then take your solicitor's advice about the possibility of an appeal (assuming the insurance will cover it). As I understand it you can only appeal on a point of law but this would presumably be whether they had applied the Polkey reduction fairly and properly.

If the insurance will cover it then you have little to lose. Given that it would be more technical I suspect you would have far less involvement than in the preparation for the tribunal.

It would of course run the other sides bill up some more!

Maybe LazyDaisy or one of the other retired lawyers who post on here may have a useful view.

Uncertain

In cash terms it cannot have been worth the company's while to fight this. Presumably early on you would have settled for a compromise agreement for a lot less than £36K ?

Principles can be very expensive things......

Amber07

Googlewhacker wrote: »

Your insurance pays for it though surely?

Oh yes, they cover the bulk of it. We do have to pay for the solicitors reports to the insurance company though which has only been £350 so far, and prob a little more to come.

Uncertain wrote: »

I think you need to let the dust settle for a few days then take your solicitor's advice about the possibility of an appeal (assuming the insurance will cover it). As I understand it you can only appeal on a point of law but this would presumably be whether they had applied the Polkey reduction fairly and properly.

If the insurance will cover it then you have little to lose. Given that it would be more technical I suspect you would have far less involvement than in the preparation for the tribunal.

It would of course run the other sides bill up some more!

Maybe LazyDaisy or one of the other retired lawyers who post on here may have a useful view.

No idea, will let our solicitor decide on that one, The reason I doubt the insurance would cover is bacause we have technically won, why would they pay for us to continue the fight.

Uncertain wrote: »

In cash terms it cannot have been worth the company's while to fight this. Presumably early on you would have settled for a compromise agreement for a lot less than £36K ?

Principles can be very expensive things......

We would have settled for 10k in January before the first part of the tribunal - this was basically the salary dfference between his old job and the new one he had to find. We would have gone down to 7 or 8 but they didn't want to negotiate at all.

Googlewhacker

Uncertain wrote: »

In cash terms it cannot have been worth the company's while to fight this. Presumably early on you would have settled for a compromise agreement for a lot less than £36K ?

Principles can be very expensive things......

Maybe in the short term but it is likely that this would have been news for all the current staff (if there were some) and the fact that the company have not had to payout a tribunal in their mind is a win and also could prevent future staff taking out tribunals knowing that their employer will fight it to the end.

Also they may have had insurance themselves

I am amazed though that the OP didn't get anything.....

pinkduvetdiva

I'm so sorry to hear the verdict Amber. Best wishes for whatever you and OH decide to do next. xx

tabskitten

I think you should appeal

keep fighting