I have 2 questions about going to Industrial Tribunial and redundancy

Sappoo21

I have 2 questions about Industrial Tribunial:
1 can my firm decide not to pay me if I give the letter to go for unfair redundancy before I get paid or change the ammount.
2 how long does it take normally.
I have contacted Acas and they say I have a good case.

elfen

Oh, and your firm can't NOT pay you, as if you go to ACAS you can claim it all back off them anyway (along with, quite possibly, any charges incurred as a result of them not paying you)

If you go to a tribunal work have the opportunity to offer YOU money. You don't have to offer them a thing, they are the ones at fault here not you. Dependant on company size (or how well-known it is) may also effect on how they react leading up to a tribunal.

They can go through your ACAS rep and offer you stuff, you don't need to do much. As long as you have evidence, proof of why you left/discrimination etc then it shouldn't take too long, but it will take a couple of months as they have to investigate and interview both parties.

BlueIsTheColour

As an impartial organsiation Acas would not have said you had a good case, to be sure on that you would need a legal opinion from an employment lawyer.

Perhaps if you put a bit more info on here, people can give you more informative answers?

Average time for a tribunal for unfair dismissal is 6 months from point of filing to hearing but as has been said Acas will get involved to try to conciliate between you both prior to the hearing.

It is an important step to appea against the redundancy decision to your employer, if not, tribunal could reduce any award made should you be successful by up to 25%

Sappoo21

my wife also has a big worry that if I go to Industrial tribunial my last employer won't give me a reference or it will be a bad made up reference.
help very much appreciated.

BlueIsTheColour

With regards to references there is no legal obligation on employers to provide them, but if they do, they should be factual and honest, otherwise they could potentially be libellous.

If you go through with this, when Acas get involved to conciliate, a good reference could be something you request as part of a settlement, if the employer is willing to settle. This remedy isn't available through a tribunal.

jazzyman01

As part of any settlement you could agree the wording for reference requests.

If you are successful at Tribunal you could mention this to new employers stating that you were very reluctant to take the Tribunal route but that you won and as a result you feel that the reference from the Company may not be favourable. Always emphasis your reluctance - companies tend to get a bit twitchy hearing that employees have gone to Tribunal.

Sappoo21

Now my employer seems to have taken off money for tax and insurance. If I call the tax office with my P45 will they repay that straight away as I need this for Octobers mortgage payment. Does it matter that I was on a contract can they not call it redundancy if they cut my contract short the MD said I was redundant so I wouldn't pay Tax but he has done it differently to what he said.
sent off the letter today to my employers as acas said to do await there reply.
help again very much appreciated