Problem at work - Won appeal - What now

whatamess_2

spud30 wrote:

Thanks Messy.

Been talking to my OH over a glass or five of wine tonight :beer: . There was no way I could've gone back.

Hopefully someone will come along that could magic me up a settlement, but I did what I had to do for the sake of my sanity. All the money in the world isnt worth riking that is it

Money isnt always the begining and end of life.

Sounds like you and your family are a lot happier.:D due to less work related stress which is a lot more important.:D

Messy

Murtle

No that doesn't sound right - I hope McBirnie25 on here can help, otherwise have you contacted either CAB or ACAS?

A compromise deal is the normal way out of these, especially where it would be more then uncomfortable to work in the same environment.

M
x

MCBIRNIE25

Spud, not true, they've offered you a job back, but made it untenable for you to work there. It means a settlement has to be reached. I have some guidance on this somewhere so bear with me. x

spud30

Flippin eck.

I've been sat here after speaking to the legal woman and talking to my OH, feeling really sad that it had come to this. I even asked my OH if I did the wrong thing in not going back.

Now you lot have come along, and it seems there could be some hope.

What would I do without you lot ehh :beer:

Murtle

Go somewhere else for a kick up the bottom!!!

Thank you McBirnie25 that was the word that failed me.....tenable.....they can't honestly believe that it is possible for you to pick up were you left off....but will probably be hoping that you will drop it rather then pursue.....go for it, after all they have put you through, it's the least they can do

M

x x

spud30

You're right Murtle, I do sometimes need a kick, but I was going to fight, until the woman at the Family Legal place said that my employer had done everything they had to.

She said a tribunal would laugh me out the door :mad:

spud30

MCBIRNIE,

Just thought, it's nearly three months since I was dismissed. The appeal decision alone took a month. If I am to take it further, don't I need to do it within 3 months?

If so, I've only got just over 2 weeks left :mad:

CFC

Spud, speaking as an employer - if you refuse to go back after having won an appeal against dismissal and having been given a date for return, the employers have acted correctly as far as they are obliged to. I think you don't have a hope of getting a compromise agreement, as I can't see (from the limited information that you have posted on here) that you would have any potential claim at this time to an Employment Tribunal. If you had returned to work and it wasn't working out, you wanted to leave and they wanted you to leave,then you might have bargaining power, but not once you have resigned.

If you have decided not to return to work, you have resigned. There is no constructive dismissal here that I can see. The employers have looked into the matter, reduced the outcome on appeal to either a verbal or written warning, set you a date to return to work and generally appear to have done what they were supposed to do. I am sure that you have been paid during your suspension?

Emotionally you may not want to return as you may feel badly treated and let down by a company that has employed you for 22 years. I can understand that, and it may well have been the right decision for you as an individual, only you and your family know that. But I think you might need to resign yourself to not getting any money from your ex-employers. The good news is though that you haven't been dismissed, so your references should not now be a problem if you decide to look for another, better paying job in the future.

Having said all that, if you do want to have a go at it, the first thing that you have to do is to lodge an official grievance about the way you have been treated, as without having lodged a grievance under the statutory grievance procedure, you have not a hope in hell of anything. You should contact the HR department of your old employer in writing, telling them that you wish to lodge a grievance and your grounds for doing so. Make it as full as possible - for example, if you feel your old boss bullied you etc, what exactly did she do or say that made you feel that it was not your work, but that the problem was that your 'face no longer fitted'. If she criticised your work but never gave you any coaching or told you how she wanted it changed,mention that too. Ask why it took the company 4 months to investigate the disciplinary offence (though there may be a good reason for this) and make sure you put down into the letter every single thing that has bothered you about the boss and the situation, and add in any support you asked for but never received. Send it by recorded delivery, and keep a copy of the letter.

What will happen next - you should be invited in and your grievance should be discussed, with full notes being made. Do not sign the notes if you do not feel that they accurately reflect the conversation. The ex-employer will then investigate internally and feedback the results to you.

amosworks

spud30 wrote:

Hi Murtle love :grouphug:

No, no not going too well.

Basically because I didnt go back, I have been told I have given up any hope of a settlement. The stuck to their end of the deal by offering me my job back :mad:

From what I understand, because I feel I cant go back, I have shot myself in the foot and there is no possibility of a settlement.

Typical ehh. Only I could get sacked, win the appeal and lose anyway

N.B., I'm a hurry so skim-read, apologies if I've missed anything - please correct me if I've got the wrong end of the stick anywhere

Hun, after having recently gone through (single handedly) an Employment Tribunal case for the last six months and winning (£5k unpaid wages, £12k compensation I wasn't really expecting :eek:) I've managed to pick up a lot of know-how on various stuff relating to employment law and unfair/constructive dismissal.

Although they offered you your job back, if you felt threatened or harassed in any way you don't have to return. So you haven't shot yourself in the foot but you MUST start the proceedings.

In order to maximise any compensation and tip the balance of favour, you must follow the procedures set down. This includes going through a formal grievance process which your employers must adhere to. Only after this can you go to the Employment Tribunal if you're not happy with the result of the grievence process OR they didn't honour your legal right to it.

If not, immediately go to the ET website and download form ET1 (or you can do it online, took me a few hours but is very good) and start filing your claim.

It obviously sounds like constructive dismissal, and in order to win any compensation you need to be able to eventually prove to the tribunal that you have minimised the financial impact on your life. So ensure you sign on and are actively looking for work. I wish I'd done this a couple of months sooner and I might have got nearer £20k. I too was constructively dismissed and not paid wages for the last 2 months I worked at the company, and as part of your remedy (if you win), will be your normal wage paid for each month you are out of work (minus any earnings until you find a similar job, such as JSA), but you have to minimise your losses first!!

Be sure to state on y our ET1 that you are claiming compensation as if it's a complex case (like mine) then you will have a case management hearing before the full trial, as then the chairman of the tribunal will go through it with you in much greater detail and give you lots of help, especially if you represent yourself. Be sure to include details of any grievance process and the outcome of that.

There are places you can go for free representation but I guess I just bit the bullet and did it the MSE way, but I warn you now it is a very stressful and drawn-out process that takes many months to complete.

But, it will be well worth it if you have been wronged, as they will sort it out. Remember you have a 3 month deadline from the date of dismissal to bring your claim to the tribunal so do hurry up hun!

If you have any more in-depth details I'd be glad to share with you what I Know on any specifics, but bear in mind I am not a legal expert, just a guy who figured it out for himself as he went along.

Amos



(p.s., On a side note- the money I'm getting is going straight in to my business now I'm a self employed competitor, and lots of clients came with me. That'll learn them )

spud30

Thanks Amos,

I need to get my head round this now.

As for income, I cant claim JSA because of the GM dismissal.

In 2 weeks time, it will be 3 months since I was dismissed, so I'm not sure I have time to go through a grievance.

I'm even more confused now.

Some say go for it, some say not got a chance