We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
We're aware that dates on the Forum are not currently showing correctly. Please bear with us while we get this fixed, and see Site feedback for updates.
Employment Tribunal

angiebhfx
Posts: 353 Forumite
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
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
0
Comments
-
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.0 -
http://www.insolvency.gov.uk/freedomofinformation/technical/casehelpmanual/A/AfterAcquiredProperty.htmCompensatory 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.htm30.114 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.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
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
Angie0 -
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 xxPay off as much as you can in 2011: £780/£8000Vouchers through surveys/shopandscan: £10/£250Ebay/Paypal target for 2011: £109/£10000 -
longhauladdict wrote: »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.0 -
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)
DDDebt 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 ***0 -
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 rep0
-
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 happens0
This discussion has been closed.
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 348.4K Banking & Borrowing
- 252.1K Reduce Debt & Boost Income
- 452.4K Spending & Discounts
- 241K Work, Benefits & Business
- 617.3K Mortgages, Homes & Bills
- 175.7K Life & Family
- 254.1K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 15.1K Coronavirus Support Boards