Opinions Please - Angry Phonecall to Ex Assistant

zzzLazyDaisy

DVardysShadow wrote: »

<snip> the ruling I would be looking for is for you to win your case and have reinstatement without compensation

Nice thought! But in the3 real world, not possible....

Firstly because re-instatement requires the agreement of both employer and employee, so the tribunals rarely use this power as by the time a case has gone to tribunal it is generally accepted that the relationship has irretrievably broken down

and secondly, because reinstatement means that in law the dismissal is dissolved and ceases to exist, which in turn means that the employee is entitled to be paid all the back pay for the period when he was prevented from working.

Uncertain

DVardysShadow wrote: »

I don't know what range of rulings an ET can make. But the ruling I would be looking for is for you to win your case and have reinstatement without compensation. I think your MD, you and the new assistant will probably do as good a job together as a sack full of squirrels.

It is possible, although very rare, for an ET to order re-instatement. However, even if they do, the firm can just ignore this and pay a set amount of financial compensation instead. From memory this is not as much as you might think!

If the OP is likely to win on procedural grounds but, as we suspect, get little or no compensation it may be better to look for a settlement. Apart from any agreed compensation it may be possible to get an agreed reference. This is something a tribunal cannot award and may be of more value that a small amount of cash.

Finally, if the descriptions of the MD are accurate, keep in mind that the OP will have to enforce any award (should he get one). This could prove difficult or impossible!

November5th

I loved my previous assistant, it was awful to lose her and we remain good friends, which of great value.
However it transpired it has to be my fault that the new assistant was able to take my job.
I think the MD had finally worked out how much I disliked him, I also held a dangerous balance of power due to excellent sales figures and being the contact for all clients and suppliers, who I spent a lot of time with. He must have realised I would be off soon, and had he discussed things with me it would have cost him nothing.
If I was him, reinstatement is a card I would have kept in play, but he has already proclaimed he won't.

I dont want a reference from the man, I already get refs from my old clients, I would not have used him as a ref even if I had gone on good terms.

I want justice, as attempting to ruin my career in a fit of vindictive jealousy and petulant anger was just not warranted.

Still, these emotional sides of things are not what is really considered, just the facts.