Unfair Dismissal Help Please

quango77

Hi All,

I am looking for some advice as I am in a bit of a panic. I made a claim for unfair dismissal recently, after my employer failed to follow due process and dismissed me on the grounds of ill health. I am a Unison member and was assisted by them to make the initial claim. However I received a phone call late this Friday afternoon from ACAS to say that Unison were unable to represent me due to lack of resources. I was also informed that my previous employer had made an offer of an out of court settlement, with a decision required by Monday (tomorrow).

So I am now in a panic! I have no legal representation and have been trawling the internet for advice, I really need some guidance whether I can

. Ask ACAS to extend the dead line for a decision until I have representation
. Make a counter offer without representation

I have been told I have a strong case and the rapidity with which the offer was made is a good sign. I am not prepared to accept the offer which is very low compared with my losses due to dismissal. I have worked out how much compensation I may be entitled to from the date of dismissal up until the date of the tribunal hearing (Feb). I have deducted any benefits I have received and wages from my new job, which is p/t and minimum wage. I have not factored in any fore-casted compensation from the date of tribunal until I am earning at a level similar to my previous role. I have included in my deductions an award of Employment Support Allowance of 8 weeks prior to re-entering work, although I wasn't sure if ESA had to be paid back.

Is it reasonable to make a counter offer of this amount after all deductions? (the settlement offer is a fraction of this).

The last few months have been a trial by ordeal and my life has been drastically affected, I would rather settle that go through it all again at tribunal, and the idea of just setting eyes on my previous employer fills me with dread!

Thanks in anticipation
Quango77

SarEl

Excuse me? ACAS told you that your union had withdrawn representation. (a) This is not ACAS's job and (b) you should be jumping up and down on the union. There is only one set of people who should tell you that they will not represent you - the union - and they should tell you why. Lack of resources is no reason - the only vaild reason is that your case is too weak.

Other than that - deadlines are what the parties set and you can ask for extensions if you wish, but if you are not entertaining the offer anyway, then the answer is no, not can I have longer, because that gives the impression you are thinking about it. If you are certain of your case, and certain that the figure doe snot reflect what you want, then weakness is something you don't show. On a first offer of settlement I would never make a counter offer either - and certainly not based on your own calculations without any advice on what award you might reasonably get if you win - sorry but people usually vastly infalte what they think they will get! If you counter with something ridiculously high you risk them pulling out of negotiations altogether. A simple no thank you will suffice. They will be back, and that gives you breathing space to check what ACAS have told you, and if necessary to take a mallet to the union. You pay your dues for this, so don't accept any iwshy-washy excuses.

quango77

I have chased Unison about this and was told that a letter had been drafted to inform me of their decision, but that it had not yet been posted, so pretty riled about this. I have been given a link for a local Law Centre so I'll be ringing them asap tomorrow morning before getting back to ACAS.

SarEl

quango77 wrote: »

I have chased Unison about this and was told that a letter had been drafted to inform me of their decision, but that it had not yet been posted, so pretty riled about this. I have been given a link for a local Law Centre so I'll be ringing them asap tomorrow morning before getting back to ACAS.

This is an unacceptable response by UNISON - fight it. If your case is so good then they do not even need legal representation - they need an union offical with balls! Most cases that are union members, and good cases, are settled out of tribunal anyway, and without a need for a lawyer. When they took your dues they didn't say you would get help if they could afford it - so don't accept what they are doing.

1jacks64

Check to see whether you have legal expenses attached to your house buildings or contents insurance cover. I know someone who had difficulty getting their trade union to take on an employment case. They went to their house insurance provider and they appointed solicitors to take on the case. Don't accept what the union say. See if your insurance provider will take on your case for you. Then you don't have to bother with the union.

ohreally

Who did you chat with?

You should contact the regional officer for an explanation. The RO will have consulted the legal officer, who will be legally qualified, to give an update on the state of play.

mariefab

Although there may well be a lot more to your story, if the only reason that your dismissal was unfair is that your employer failed to follow due process; you should bear in mind that you may only be compensated for the number of weeks that would have been necessary to follow the correct process.