Ex employee-unfair dismissal

Uncertain

BASSETT wrote: »

I take on board what you are saying Uncertain, my first employee has been a real learning curve, the hard way. I`ll wait for the decision and I have an amount in mind that I will pay but anything above that I will appeal.
I have to take into account that my business is just surviving and at least now I can pay the bills and before I couldn`t.

As I mentioned before, you can only appeal on a point of law, not just because you don't agree with the decision so you would need to show that the ET did not apply the law correctly.

As I understand it an ET appeal is a far more formal affair normally chaired by a High Court Judge!

pinkshoes

BASSETT wrote: »

I take on board what you are saying Uncertain, my first employee has been a real learning curve, the hard way. I`ll wait for the decision and I have an amount in mind that I will pay but anything above that I will appeal.
I have to take into account that my business is just surviving and at least now I can pay the bills and before I couldn`t.

If the court awards in her favour and you have to pay up, then surely as the business is only just surviving, then payments can be made to suit the business finances, so at the rate of £1 a week or similar?

BASSETT

pinkshoes wrote: »

If the court awards in her favour and you have to pay up, then surely as the business is only just surviving, then payments can be made to suit the business finances, so at the rate of £1 a week or similar?

Well thats exactly what we were thinking.

Uncertain

pinkshoes wrote: »

If the court awards in her favour and you have to pay up, then surely as the business is only just surviving, then payments can be made to suit the business finances, so at the rate of £1 a week or similar?

Is the business a limited company? If not then there is no difference between business and the OP's personal assets.

Given that the ex employee has free legal representation I would expect they will chase hard for any money they are awarded. I don't suppose it would bother them one little bit if it takes the business down. Based on what the OP has said the ex employee would probably see this as a bonus! Hopefully (based on what we have been told) the OP will win on most or all counts in which case it will not be an issue. If not, as I keep saying, the only thing to do is pay up, learn from the situation and move on.

The same energy put into building the business it likely to reap more reward that fighting this to the bitter end - even if the OP wins.

BASSETT

I`m the sole owner and have no assets. It`s not a limited company.
Live in a rented house, having sold my home to buy the business, my car is worth £500.

I thought if an award was made, then it was up to the claimant to chase the monies as this is where the tribunal`s involvement ends?

Uncertain

BASSETT wrote: »

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I thought if an award was made, then it was up to the claimant to chase the monies as this is where the tribunal`s involvement ends?

That is true but they simply have to take action in the County Court. If the ET has given judgement in their favour then it is an open and shut case I'm afraid.

Uncertain

BASSETT wrote: »

I`m the sole owner and have no assets. It`s not a limited company.
Live in a rented house, having sold my home to buy the business, my car is worth £500.

Sad as it may be this has no effect on the rights or wrongs of the ET case which will be decided on employment law alone.

If you can really prove that this person has done you / your business this much harm then you might just have some sort of case against them. However, as far as I know, cases where employers have sued ex employees to recover damages for losses incurred during their employment are very few and far between. Obviously if you could prove theft or fraud that may be easier but, as I understand it, you are saying that this person was simply rude to customers so they stayed away. Your "proof" for this is that sales have increased since she was sacked?

Please don't think I am unsympathetic but it will be a cold day in hell before you win a case on this alone. Hopefully you will (largely) win the ET case but then move on.

BASSETT

Just a quick update, received my decision today and she`s been awarded £500 which is a lot easier to swallow than the original Schedule of Loss which was way in excess of £4000.
The decision was made for compensation as they decided I had not carried out a full risk assessment whilst she was pregnant, albeit they said our verbal risk assessment on her starting employment was "suitable and sufficient"
Her claim for unfair dismissal was dismissed.
So I`m quite pleased with the judgement.
But most of all I`m pleased that my business is back on track.

floss2

BASSETT wrote: »

Just a quick update, received my decision today and she`s been awarded £500 which is a lot easier to swallow than the original Schedule of Loss which was way in excess of £4000.
The decision was made for compensation as they decided I had not carried out a full risk assessment whilst she was pregnant, albeit they said our verbal risk assessment on her starting employment was "suitable and sufficient"
Her claim for unfair dismissal was dismissed.
So I`m quite pleased with the judgement.
But most of all I`m pleased that my business is back on track.

So it's a slight rap on the knuckles for not doing a further risk assessment when she told you she was pregnant? That looks to me like a good result.

Hopefully your business will be on a steady path now.

Floss x

ChrisCobra

Its a good ending i think.

Im sure 400 quid wont last long on the Brew anyway