Unfair dismissal/ constructive- outcomes?

lynzpower

Hi,

Just wondering when people take cases to tribunal for unfair or constructive dismissal - what do people come out with? Cash? or something else?

Any ideas where Id find out what the point is- ie is it worth pursuing? ( as my union advises I have a strong case for constructive at the mo, but union advises me to wait a few more weeks to concrete my case)

Thoughts?

dmg24

Don't want to put you off, but the most common response that I have heard is that going to Tribunal is a load of stress. Tribunals can get really nasty, and your employer may rake up anything bad they can find on you. They may not, but at the end of the day it is 'gloves off' time, and they will defend their position strongly.

On the positive side(?!), those that I know that have gone as far as tribunal have had financial payouts. I know someone who got a six figure settlement (they settled days before the hearing), but this was because she had some very sensitive information on the company which would have cost them a lot more if it got out. I do think that the cases that are publicised where you win massive amounts are few and far between.

Two others have both won, but have come out with no more than their respective companies offered them to settle beforehand (a couple of thousand in both cases).

There is also the possibility that the panel will give the employer the chance to put things right, and therefore you are stuck working for a company that you have just taken to Tribunal.

Maybe it would be worth trying to negotiate some kind of leaving package with your employer? This leaves things more amicable, and as part of the package you can even negotiate a good reference.

lynzpower

ha! theres no way theyd agree to that as Im currently on nil pay.

Life_On_Mars

My experience is also a lot of stress. But if you have support of friends and family it can be worth it especially if you can agree a financial settlement before it goes to the actual tribunal itself.

But you really have to ask yourself why you are doing it and what do you you want to get out of it. Then get independent legal advice (and a second opinion) - I wouldn't just rely on your union, if I was you.

needaspirin

Lynz, As they have put you on nil pay, you may have a claim for unauthorised deduction from wages:
"If the change is a cut in pay, claim unauthorised deduction from wages instead of constructive dismissal, but be aware that the employer could dismiss anyway."

dmg24

I got a settlement whilst on nil pay. Didn't even have to threaten to take them to tribunal (but I think they got the idea!). Was only a month's extra salary but it gave me time to look for something else, and saved the stress of tribunal (they were being incredibly nasty, don't think I could have gone through with it).

At the time of leaving (a few years ago now), I was really upset by the whole situation, couldn't believe that people could be so horrid. However, I have since realised that sometimes it is better to cut your losses and walk away.

It is their loss, you can go on to better things x

Emmzi

Lynz,

cash, or reinstatement - in your circumstances, I'd say cash. Generally 3 - 6 months wages tax-free as a settlement, being that's a reasonable amount of time to find another job. The idea is that you don't benefit' but are out in the situation you'd be in if they hadn't been bad. You might get more as they have in effect precluded you from seeking other employment.

xx

jellyang

It is stressful but it is nothing to be frightened of. It really is straightfoward. The panel of three people listens to both sides of the story then make a judgement.

I had an employee take me to a tribunal for unfair dismissal which was quite a shock as I had dismissed him for theft!

I could prove he had taken about 2k but there was lots more I couldn't prove.
I paid for a solicitor which did help me win. Eventually it became more of a principle than a money thing.
It cost me 3k to get 1k back!

Make sure you do have real concrete evidence before you start. Most business will employ legal people to ensure their best chances of winning.