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Employment Tribunal

Hi

I am thinking of taking my ex employer to tribunal. They made my job redundant in Nov last year, but they are now employing someone to do my job!!

If I did and I won, would the OR take all of the settlement or just 70%?

Thanking you

Comments

  • JCS1
    JCS1 Posts: 5,331 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    A little light reading:

    http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch25-36/Chapter31/part9/part3/part_3.htm

    31.9.13 - part 1, would indicate that the OR would get it all.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    http://www.insolvency.gov.uk/freedomofinformation/technical/casehelpmanual/A/AfterAcquiredProperty.htm
    Compensatory awards made by Industrial Tribunals are considered to be property rather than income and can thus be claimed as after-acquired property.

    BUT...........

    http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch25-36/Chapter30/Part%205/Part%205.htm
    30.114 Employment Tribunals

    The Employment Tribunals hear claims about matters to do with employment including unfair dismissal, redundancy payments, and discrimination. The right to take action for unfair dismissal does not vest in the trustee, as it is personal to the bankrupt and not relating to property [note 10]. It is a claim for re-instatement to a previous job that only the bankrupt can perform. In the Court of Appeal case that decided this, the bankrupt had also instigated claims for wrongful dismissal and disability discrimination but dropped these, accepting that they were claims for money and therefore vested in the trustee. The distinction between unfair dismissal claims (which do not vest) and wrongful dismissal claims (which do vest), should be noted.

    The trustee cannot claim any part of an unfair dismissal award when paid. If the bankrupt receives an award for unfair dismissal after the bankruptcy order but prior to discharge, the monies may be claimed as after acquired property only when they change character, see paragraph 30.111 and Chapter 31.7.


    It would not be appropriate to claim these monies under an IPO/A.
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  • angiebhfx
    angiebhfx Posts: 353 Forumite
    You are a top banana Fermi.

    Not so bothered if the OR gets the money, it's the principle.
    If they hadn't singled me out for redundancy, despite the fact that not one single person knew what I did or how it needed to be done, I wouldn't have had to declare myself BR because we were managing alright up until then.

    Thanks again

    Angie
  • Hiya,

    Just a quick word of warning, the company can employ someone else to do your job if its been more than 30 days (or 90 in the case of collective redundancies) since you were made redundant as they can say that business has picked up etc. Sorry, I just wouldn't get too caught up in this as you may not have a case xx
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  • angiebhfx
    angiebhfx Posts: 353 Forumite
    Hiya,

    Just a quick word of warning, the company can employ someone else to do your job if its been more than 30 days (or 90 in the case of collective redundancies) since you were made redundant as they can say that business has picked up etc. Sorry, I just wouldn't get too caught up in this as you may not have a case xx

    They are making everyone redundant soon because they are relocating the HO and surely they would have to prove that business has picked up.
  • debt_doctor
    debt_doctor Posts: 4,595 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Hi,

    Have you taken advice on the matter ? You normally have a time limit of 3 months less 1 day to bring an unfair dismissal claim (that is from the date of dismissal)

    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
  • angiebhfx
    angiebhfx Posts: 353 Forumite
    edited 24 April 2010 am30 9:36AM
    I have rung ACAS. I know the Employment Tribunal can reserve the right to hear any case up to six months after dismissal date. I am going to CAB tomorrow and I will ring my union rep
  • angiebhfx
    angiebhfx Posts: 353 Forumite
    I have been in touch with my Union Rep, he's going to speak to Legal. I will get Legal aid from the union. I will let you know what happens
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