Urgent help needed

sjade

Hi all

im new to this and not sure if its in the right place but need some advice asap.... well i was dismissed from my job in early feb 2012 long story but i bought the case to tribunal which is scheduled in 2 weeks time but acas called me stating the companywant to make me an offer and are offering to reinstate me and to backdate all loss of wages since my dismissal and give me a final written warning instead..... my massive question is...i have claimed income support since my dismissal do i have to pay that money back ????

Any advice is appreciated xx

jobbingmusician

Yes, I would imagine so - but you wouldn't have to do this until you had your wages in your hand, so it should not lead you into any hardship.

I suggest this might be worth a visit to the CAB or even a solicitor....... I'm not sure I'd be happy with a final written warning since it does give the company a good chance to get rid of you later, if that is what they were trying to achieve.

sjade

Thanks so much for ur quick reply tbh im not that concerned with the final written warning even though this was my first offence all i did was upload some pics of me and my collegues at xmas but some collegues were swearin on the pics so it could hav hurt the companys rep wevwere all disciplined but i was sacked cus i uploaded them!!! Which my argument was a very harsh punishment for a 1st offence after 6yrs i just think they tried to make a point to other staff and show some authority but on the otherhand if i accept im not sure how they are going to treat me when i go back thats a big worry!!!!

DVardysShadow

jobbingmusician wrote: »

I'm not sure I'd be happy with a final written warning since it does give the company a good chance to get rid of you later, if that is what they were trying to achieve.

I agree with this. If the company are backing down from dismissal, with reinstatement and backpay for over 6 months I would say that they are fairly convinced that they will not win and that they are in the wrong. A final Written Warning is only just a tiny backtrack from dismissal that I would be inclined to reject it.

Afterall, when you go back, they are going to be very sore about losing 6 months pay and the inal Written Warning will leave you too close to the exit door.

jobbingmusician

What is the history of this ET? What I am trying to get at is if they have made this offer without any legal representation, it should be fairly easy to get them to downgrade the disciplinary sanction (e.g. so that it becomes a written warning rather than a final one) once you get a legal eagle involved - even if it's only a small eagle such as the CAB

sjade

Mmmm you have me thinking now??? The reason im quite eager to agree is iv never claimed benefits in my life and iv hated every second of it iv always worked and iv found it difficult getting a job with the way things are with the job crisis so im just grateful to have my job back whichever way i get it but i see where your coming from with them being sore mmmmmm....what to do????

sjade

Well iv been fighting the case on my own we had a prehearing review to which the companys barrister asked for the case to be struck out but the judge disagreed and alliwed me to continue to a full hearing all aling i said i only want my job back i havent had a solicitor as i cant afford it.... it was the companys barrister who contacted acas with their offer and im scared if i reject they will just say ok lets continue with tribunal then also if i do accept i had to pay a fee in order for the case to continue this was paid directly to the et will i get this back if the et is cancelled due to reconcilliation???

Sorry for all the questions.

Yorkie1

I can't answer the questions you ask, sorry, but I wonder whether there is any mileage in trying to negotiate further - ask for it to be a written warning (not a final one) and for them to pay your costs?

Hopefully others who know more about this than I do, will be able to comment on these suggestions as well as your questions.

robpw2

i suggest you seek some advice before accepting their offer, you have to think what position this puts you in , yes they will reinstate you and give you back pay but you have to accept a final written warning

jobbingmusician

Yes, that was what I meant. Involve someone legal, even if it's only the CAB, not in order to progress the ET, but to negotiate the settlement so that the level of warning is reduced.

My view is that by offering you this settlement, they are more or less accepting that they dismissed you unfairly. However, any minor transgression would mean that they could dismiss you if you had a final warning on your record. So you want this reduced. (By the way, you also need to establish what you are negotiating down from. How long are they proposing that this final WW would stay on your file?)

DVardysShadow

robpw2 wrote: »

i suggest you seek some advice before accepting their offer, you have to think what position this puts you in , yes they will reinstate you and give you back pay but you would have to accept a final written warning

Fixed this to give the sense I think you mean. I don't see that OP has to accept the FWW