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.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Sacked for Theft then re-instated 6 mths later!

2»

Comments

  • bigsooze
    bigsooze Posts: 33 Forumite
    OK, fair enough. It's probably sensible to accept + move on as a tribunal would probably regard it as unreasonable for him to turn down their offer, as he wouldn't then have suffered any loss (this is why they're backdating everything).

    It's a pretty good result for him though.
  • Larry22
    Larry22 Posts: 75 Forumite
    Tenth Anniversary Combo Breaker
    bigsooze wrote: »
    OK, fair enough. It's probably sensible to accept + move on as a tribunal would probably regard it as unreasonable for him to turn down their offer, as he wouldn't then have suffered any loss (this is why they're backdating everything).

    It's a pretty good result for him though.

    Yeah I do agree & I am well chuffed for him because I know it's been a long & stressful period for him.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    I agree, if he wants his job back, then this is a good result.

    If he settles 'out of court', the back pay should be paid in a lump sum as part of the settlement agreement. This does not normally result in a benefit clawback as the money is not subject to the same rules as a formal tribunal award, but he should check that out with his solicitor/union/acas officer.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Larry22
    Larry22 Posts: 75 Forumite
    Tenth Anniversary Combo Breaker
    I agree, if he wants his job back, then this is a good result.

    If he settles 'out of court', the back pay should be paid in a lump sum as part of the settlement agreement. This does not normally result in a benefit clawback as the money is not subject to the same rules as a formal tribunal award, but he should check that out with his solicitor/union/acas officer.

    Anyone got a reference for this as the dwp ain't got a clue.
    Thanks
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Larry22 wrote: »
    Anyone got a reference for this as the dwp ain't got a clue.
    Thanks

    No, the DWP won't know as this is governed by tribunal rules. Some payments are subject to the claw back rule, and some are not. This is why I suggested speaking to ACAS. There should be a concilliation officer involved if the case has got as far as settlement negotiations, so s/he is probably the best point of contact.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.3K Banking & Borrowing
  • 253.7K Reduce Debt & Boost Income
  • 454.4K Spending & Discounts
  • 245.4K Work, Benefits & Business
  • 601.1K Mortgages, Homes & Bills
  • 177.6K Life & Family
  • 259.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.