Urgent help needed

robpw2

DVardysShadow wrote: »

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

if she accepts their offer they do in its current state hence i suggests they seek legal advice
but yes i get your point

sjade

If i try to negotiate the offer and they declined would the original offer of reinstatement and fww still stand or could they withdraw that aswell and continue with tribunal??

Pricivius

The OP says she had to pay a fee to the ET to allow the claim to continue - this sounds as though she has been ordered to pay a deposit which is usually only done where the Judge considers the claim has little reasonable prospect of success.

If this is correct, I would bear this in mind when deciding whether to accept the offer of settlement.

Regarding the offer made, if the OP rejects this and makes a counter-offer, the original offer is gone and the company is under no obligation to make it again. However the likelihood is that they will do so as they want to see the matter settled, but they don't have to. I don't think the OP would be entitled to her deposit back if the matter settles, but I could be wrong on that point. If the matter doesn't settle, it will proceed to hearing in Tribunal.

sjade

Pricivius you are exactly right regarding the deposit i paid so thats why im hesitant to refuse the offer incase i lose at tribual!!!! Do you know if id have to pay the social security back what iv claimed on income support whilst not working as they offered all loss of wages????

Barneysmom

If Op accepts a FWW how long does it last?
Might be worth asking how you can have a FWW when you have never has a first one?

Acc72

What is it exactly that you want ?

Eg. do you want your job back ?

If so, I echo the previous comments that if you go back on a final written warning then any minute error over the next 12/18 months (or whatever it is), then you will be out of the door.

Before agreeing to anything, you need specific legal advice (even if it is a free hour meeting with a local solicitor who deals in employment law).

Alternatively have a look and/or post a question on redundancyforum.co.uk

sjade

Thanks for ur advice Acc72 i advised from when this all started (xmas eve) that i just wanted my job back the reason its gone to tribunal is that i never got an appeal!!! Iv said before i dont want any compensation jus my job so im happy they offered reinstatement with pay rather than reengagement which they could have offered but i dont think i can do much wrong as iv worked there 6yrs and never been disciplined for anything but i am concerned me going back will dent their pride and they will lookin for any tiny thing to enable them to get rid of me!!!!

Poppie68

Do you have house/contents insurance...does it cover any legal costs for you in this kind of situation?

marybelle01

Pricivius wrote: »

The OP says she had to pay a fee to the ET to allow the claim to continue - this sounds as though she has been ordered to pay a deposit which is usually only done where the Judge considers the claim has little reasonable prospect of success.

^^^^ This.

If you can't get / afford legal advice, then you could try this site http://www.redundancyforum.co.uk/ There's a lawyer there who gives free advice which may help you decide.

KiKi

^^^^ This!!!

Post on the redundancy forum for the attention of SarEl who is an employment barrister and will be able to offer a legal opinion (never a substitute for proper legal advice, of course).