Can i claim unfair dismissal?

artic_fox_2

i understand what your saying bout going back after being acused, it is scary. thats why i didnt go back to my job, but i was lucky that it was only part time extra work, (local shop) i was acused of not pulling my weight and that the other people there didnt want to work with me any more, thats why i stayed away, but if your OH wants and needs the job, i would sugest following the above advise. pride does matter but it doesnt pay the bills

welshcakes

A quick read thro above posts I don't think it's been mentioned but there is a time limit in which your husband can make his application to Tribunal - I believe it is within 3 months of the actual sacking/ dismissal/reasonable walkout.

Tribunal is often the cheapest and quickest way to settle a grievance matter.

viktory

I think you husband has no choice but to go back to work and sort this out. If he doesn't, how on earth is he going to get a reference for a new job?

I understand it will be hard but the company are making the accusation - and they have to prove it. Innocent until proven guilty and all that.......

Please keep us posted.

3LITTLEPIGS_2

Hi,
thanks for all your replies.
I rang ACAS this morning who advs sending the letter i wrote (basically saying he was forced to resign due to unfounded accusations) and that basically no proof.....can take to tribunal for unfair dismissal (even though resigned so looked like could only claim constructive, have been told that it amounts to unfair dismissal) and if wanted take to civil court for defamation of character/slander.

Took my husband to his work and he collected his tools from his van and everyone was is shock about what had happened and he handed in the letter which we are also sending a copy by recorded del as advs by ACAS.

He is requesting 12 weeks notice and a reference. The 12 weeks are based on if he had of been sacked,he was legally allowed to have this due to working 17 years.This is on DTI Website.
Just wait and see now what they say.........

prudryden

3LITTLEPIGS wrote:

Hi,
thanks for all your replies.
I rang ACAS this morning who advs sending the letter i wrote (basically saying he was forced to resign due to unfounded accusations) and that basically no proof.....can take to tribunal for unfair dismissal (even though resigned so looked like could only claim constructive, have been told that it amounts to unfair dismissal) and if wanted take to civil court for defamation of character/slander.

Took my husband to his work and he collected his tools from his van and everyone was is shock about what had happened and he handed in the letter which we are also sending a copy by recorded del as advs by ACAS.

He is requesting 12 weeks notice and a reference. The 12 weeks are based on if he had of been sacked,he was legally allowed to have this due to working 17 years.This is on DTI Website.
Just wait and see now what they say.........

Well, thats one way of doing it. I would have preferred to go after the big money, giving the employers a chance a pay a big redundacy (unlikely, because then they can't hire someone else in his place) or a big payoff for voluntarily resigning.
Constructive dismissal is hard to prove and not generally a lot of money in it.

3LITTLEPIGS_2

He has requested 12 weeks from them ,if they say no then he would go for unfair rather than constructive as he's been told he can due to allegations.
I understand constructive is hard to prove. But ACAS said he may get more or less......it would be based on how long it takes for him to find a specialised job.

prudryden

12 weeks is not enough for 17 yrs. -

welshcakes

prudryden wrote:

12 weeks is not enough for 17 yrs. -

Normally this is set out in the Contract of Employment which workers sign when they take on the position and in effect give their written consent to acceoting as the T&C for accepting the job.

If your hubby has a copy of a written contract (he can request this as disclosure as part of the tribunal process), it would be interesting to see whether the contract conforms to current employment legislation - if they haven't updated it in line with employment rights, the company could be on further shakey ground which is always a polite way of adding pressure to settle quickly and generously.

prudryden

welshcakes wrote:

Normally this is set out in the Contract of Employment which workers sign when they take on the position and in effect give their written consent to acceoting as the T&C for accepting the job.

If your hubby has a copy of a written contract (he can request this as disclosure as part of the tribunal process), it would be interesting to see whether the contract conforms to current employment legislation - if they haven't updated it in line with employment rights, the company could be on further shakey ground which is always a polite way of adding pressure to settle quickly and generously.

Hi Welsh,
Evidently, according to the OP, OH doesn't have a written contract. And the fact they have intimidated him with accusation of theft, makes me believe that he can force a much better settlement. I personally know about 20 people myself included to got 24 months plus extra gratuity payments. It took about a 1 1/2 yrs fighting though.

prudryden

prudryden wrote:

Hi Welsh,
Evidently, according to the OP, OH doesn't have a written contract. And the fact they have intimidated him with accusation of theft, makes me believe that he can force a much better settlement. I personally know about 20 people myself included to got 24 months plus extra gratuity payments. It took about a 1 1/2 yrs fighting though.

Sorry Welsh,
I amended my previous posts. It wasn't 24 weeks, it actually was 24 months. That is why it took so long to fight. And it was a class action which made it less expensive with the lawyers. Probably, not suitable for one individual - but still should be some room for negotiation for more than 12 weeks.