Update following appeal.....

claire0710

I was advised to go down the appeal route merely as a formality as it was perfectly clear from the letters and paperwork that unfair dismissal took place, my solicitor agrees this.
The actualy appeal just served to prove that they did not understand the correct process and that the outcome was pre-determined from the onset.

Weirdlittleman

claire0710 wrote: »

I was advised to go down the appeal route merely as a formality as it was perfectly clear from the letters and paperwork that unfair dismissal took place, my solicitor agrees this.
The actualy appeal just served to prove that they did not understand the correct process and that the outcome was pre-determined from the onset.

Whoever told you this did you a disservice. Yes its true it could be a formality but a well written and presented appeal could have made them back down.

You are now going to have to go to ET and hope that they dont manage to justify it and I am afraid in my view a lot of the right questions havent been asked making this easier for them to do in hindsight to reduce any payout.

I will bet their solicitors suddenly produce lots of "meeting minutes" and "criteria" that show that you were the only candidate for redundancy for some obscure reason.

Unfortunately ACAS are becoming like consumer direct and dishing out half the advice and what people want to hear which then potentially hinders them when it goes to ET. There are burdens of proof and so on that need to be made and too often people seem to be seeing ET's as a formality.

claire0710

Weirdlittleman wrote: »

Whoever told you this did you a disservice. Yes its true it could be a formality but a well written and presented appeal could have made them back down.

You are now going to have to go to ET and hope that they dont manage to justify it and I am afraid in my view a lot of the right questions havent been asked making this easier for them to do in hindsight to reduce any payout.

I will bet their solicitors suddenly produce lots of "meeting minutes" and "criteria" that show that you were the only candidate for redundancy for some obscure reason.

Unfortunately ACAS are becoming like consumer direct and dishing out half the advice and what people want to hear which then potentially hinders them when it goes to ET. There are burdens of proof and so on that need to be made and too often people seem to be seeing ET's as a formality.

Acas and my solicitor told me to appeal - how do you know it wasnt well written, I have only put a few comments on here. I have stated in several letters that I want to see evidence of a selection pool, criteria and process which has never been supplied. The director has already admitted there is no evidence of this so if they suddenly produce fantasy minutes and criteria it will obviously be a sham.
The right questions were asked but at his own admission the director how no idea how to conduct the meeting, failed to answer most of the questions and stumbled his way through leading to him losing his temper at the end. He actually asked me to produce evidence that the redundancy process had been followed - I pointed out that it was their job to prove this had been followed not mine!

Weirdlittleman

claire0710 wrote: »

Acas and my solicitor told me to appeal - how do you know it wasnt well written, I have only put a few comments on here. I have stated in several letters that I want to see evidence of a selection pool, criteria and process which has never been supplied. The director has already admitted there is no evidence of this so if they suddenly produce fantasy minutes and criteria it will obviously be a sham.
The right questions were asked but at his own admission the director how no idea how to conduct the meeting, failed to answer most of the questions and stumbled his way through leading to him losing his temper at the end. He actually asked me to produce evidence that the redundancy process had been followed - I pointed out that it was their job to prove this had been followed not mine!

With the utmost respect why waste your time asking for advice but not giving the full picture then.

The advice is based on what you post and if you dont post the lot you get crap advice.

dickydonkin

Weirdlittleman wrote: »

With the utmost respect why waste your time asking for advice but not giving the full picture then.

The advice is based on what you post and if you dont post the lot you get crap advice.

But Weirdlittleman - it is strange that all of the people who have contributed to this thread and indeed legal representation have deemed that there is potential for an unfair dismissal claim based on what Claire has posted.

It is only you who seems hell bent on discrediting every post from the OP, however, I am not suggesting that you are being contrary for the sake of it.

I think that you have now realised that she has a case judging by your last comment, although perhaps you should amend that final statement by stating that 'by not reading correctly what is posted you get crap advice'!

claire0710

Weirdlittleman wrote: »

With the utmost respect why waste your time asking for advice but not giving the full picture then.

The advice is based on what you post and if you dont post the lot you get crap advice.

With the utmost respect your opinions are just that, everyone else who has read my post (and perhaps my previous posts) agrees that I have a case. The advice I have received from everyone else is good (not crap).
You do seem hell bent on pulling me to pieces without actually reflecting on the facts of the dismissal and with respect I will go with professional legal advice in the end rather than some comments from a 'weirdlittleman'.

claire0710

:jI am pleased to report that my former employers have decided not to go to the tribunal and have settled with me out of court for a pretty sizeable sum. My solicitor (and clearly theirs also) believed I had a very strong case! Hurrah! :T

MumOf2

Well done you :-)

MumOf2

Blitz01

claire0710 wrote: »

:jI am pleased to report that my former employers have decided not to go to the tribunal and have settled with me out of court for a pretty sizeable sum. My solicitor (and clearly theirs also) believed I had a very strong case! Hurrah! :T

You just have to get the money now...thats often the sticking point.
The ET only states what the payout should be, but unless the employer pays of their own free will, it's up to you to enforce it.

claire0710

Blitz01 wrote: »

You just have to get the money now...thats often the sticking point.
The ET only states what the payout should be, but unless the employer pays of their own free will, it's up to you to enforce it.

No, the ET didnt state what the payout should be because we didnt get that far. The employers have agreed with the solicitors what should be paid as an out of court settlement and have signed to say it will be paid within 14 days.:D