Employment Tribunal Payout

SarEl

spring_chicken wrote: »

yes, it started in July 2010, the hearing was due to take place earlier this year, but due to the amount of evidence against the company, they have reset the hearing for a 3 day hearing for next year, he has been put off from working in that sector to be honest due to so many underhand practices that take place, which actually led to his dismissal

A three day hearing actually isn't all that long. Not for unfair dismissal it isn't - it's pretty average. I am surprised that they didn't schedule that long initially.And very surprised by a years postponment - you must have extremely long queues in your area.

spring_chicken

SarEl wrote: »

A three day hearing actually isn't all that long. Not for unfair dismissal it isn't - it's pretty average. I am surprised that they didn't schedule that long initially.And very surprised by a years postponment - you must have extremely long queues in your area.

they said the reason for such a long potponment is because of having to get a 3 day slot, usually the hearings are only a day long (dont know if thats true or not, but thats what the tribunal office told us)

SarEl

spring_chicken wrote: »

they said the reason for such a long potponment is because of having to get a 3 day slot, usually the hearings are only a day long (dont know if thats true or not, but thats what the tribunal office told us)

Nah - day long or shorter hearings are fitted in around longer ones. Generally they weigh up how long a case will take based on the ET1 and ET3, and are pretty rarely wrong. Then they slot the longer cases first and the others around them. Usually, if any get postponed it's the shorter ones, as the schedule is generally something along the lines of one 3/4 day case and a day or two of short cases - then if the main case takes longer the others are shunted. That way, if they end up with a back log of short but shunted cases they can hold special sessions to clear them - you can't do the same for longer ones.

kayleighowen

well this isnt encouraging my husband was unfairly dissmissed he got sacked with no prior warning and no notice plus on a voice mail they didnt even talk to him so we are taking them to tribunal so this doesnt give me much hope. we are about to become homeless due to my husbands job loss i hope that the tribunal is fair otherwise theres no point. good luck with your own case i shall let you know when i find out any more about our own case to see how much you might expext roughly

spring_chicken

kayleighowen wrote: »

well this isnt encouraging my husband was unfairly dissmissed he got sacked with no prior warning and no notice plus on a voice mail they didnt even talk to him so we are taking them to tribunal so this doesnt give me much hope. we are about to become homeless due to my husbands job loss i hope that the tribunal is fair otherwise theres no point. good luck with your own case i shall let you know when i find out any more about our own case to see how much you might expext roughly

sorry to hear about your husband, its an awful situation to be in isnt it? what I dont understand is when you see on the news and in the newspapers of people walking away with huge payouts for unfair dismissal, yet I am being told that we would be lucky to receive half of his annual salary? I hope your own situation improves soon, good luck with the tribunal

SarEl

spring_chicken wrote: »

sorry to hear about your husband, its an awful situation to be in isnt it? what I dont understand is when you see on the news and in the newspapers of people walking away with huge payouts for unfair dismissal, yet I am being told that we would be lucky to receive half of his annual salary? I hope your own situation improves soon, good luck with the tribunal

That's why tribunals are clogged with cases! Everyone has read the headlines. Huge payouts are very unusual - that's why they get headlines! And they are always related to discrimination cases, and always high flyers in salary terms. You do realise that there is a maximum compensation award and this is £68,400 - and very very few people ever get this?

You might find this informative - but not very inspiring

http://www.justice.gov.uk/publications/docs/tribs-et-eat-annual-stats-april09-march10.pdf

scottn

spring chicken, a very minor point but who is representing him/her at the ET? A solicitor could manage his expectations, advise of the likelyhood of success and the award amount. What role was the person employed in, other than perhaps not giving a reference, what prevents the person from working in the same type of job elsewhere?

spring_chicken

scottn wrote: »

spring chicken, a very minor point but who is representing him/her at the ET? A solicitor could manage his expectations, advise of the likelyhood of success and the award amount. What role was the person employed in, other than perhaps not giving a reference, what prevents the person from working in the same type of job elsewhere?

we have a solicitor working on the case, and a Barrister who will be attending the tribunal, the reason he cant work in the same job elsewhere is because it requires a licence which when he was dismissed was taken off him from his ex employers, and without that he couldnt do the same job elsewhere

spring_chicken

SarEl wrote: »

That's why tribunals are clogged with cases! Everyone has read the headlines. Huge payouts are very unusual - that's why they get headlines! And they are always related to discrimination cases, and always high flyers in salary terms. You do realise that there is a maximum compensation award and this is £68,400 - and very very few people ever get this?

You might find this informative - but not very inspiring

http://www.justice.gov.uk/publications/docs/tribs-et-eat-annual-stats-april09-march10.pdf

so if a persons career has been ruined due to lies, then they are never compensated for what they are losing out on? what about his pension and loss of future earnings, cos £68,000 is less than what he would have earned if he was still in his job by the time this gets to tribunal as he was on £38,000 per year, pretty unfair if you ask me, but the thing that he really wants is to get his name cleared, so if he achieves that, then he will be happy, but still a shame that his potential for earning what he used to has been taken away from him

SarEl

I do understand your frustration - but don't shoot the messenger. Much as I would love to wrrite the laws (albeit I have no desire to be an MP - benevolent dictator perhaps!), I don't write them. What he is likely to be awarded (if he wins) will be the difference between his income and income he would have had between the date of the dismissal and the tribunal, and then a compensatory award on top, but again, this will take into account the fact that his losses are mitigated and he is in work. Even JSA is deducted from awards.