Urgent help needed

Pricivius

sjade wrote: »

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????

I would suggest that this depends on what they are offering you. Are they offering a lump sum of £X in lieu of your wages for the last however my months, or are they actually offering to pay you the wages, so they will pay the income tax and NICs as well? Will it be as though you never left so you will have continuity of employment? Will the FWW count from the original date of the disciplinary hearing?

Either way, as it is a settlement, ACAS will not involve the DWP and will not make you pay back any sums to the DWP. However, if you were successful at Tribunal, you would have to pay back your JSA out of any wages you are awarded.

If you accept the settlement, I would suggest you inform the DWP and see what they say. If they make you pay the JSA back, then you will have the wages so will not be out of pocket.

eamon

The old proverb "a bird in the hand is better than two in the bush" comes to mind.

A final written warning plus back pay plus reinstatement sounds like a good deal to me. Not having access to your employers policy book I'm guessing that a FWW lasts 12 months thats plenty enough time for you to make a silly mistake and get sacked again. I would think about asking for the FWW time period to be reduced something like 3 months maybe?

I also second a previous posters idea to make contact with SarEl. She is very knowledgeable and tell it like it is.

Forwandert

I would at least be trying to negotiate a little since they have made an offer. Would the warning run from now or your dismissal?

DVardysShadow

Forwandert wrote: »

I would at least be trying to negotiate a little since they have made an offer. Would the warning run from now or your dismissal?

Good point. 6 months from dismissal would allow the employer to save face.

sjade

Hi all

Thanks to all the advice I received from all of you an offer has now come thru which I have accepted reinstatement back pay omg a good 5 figure sum :beer: a final written warning which will only remain active for the next 5 months so I'm really happy and I did it all with no legal advice even though I could kick myself as someone here mentioned I may be covered for legal expenses under my contents cover which I AM :mad: so I could have saved myself a lot of headache but nevertheless I feel i won so to anyone out there in a similar position if you feel you have been dismissed unfairly fight it all the way as tbh I really didn't think I stood a chance as its such a massive organisation so if I can do it so can any of you....

Many thanks for all of your help I'm off to enjoy the next 2 weeks before I'm back at work :j

Love and happiness to you all xx

Barneysmom

That is just the best news!
Have a good 2 weeks now, and chill out.

Hey, get your ironing done

I am so made up for you!

Uncertain

Well done.

I hope this works out for you and that the firm are not looking for any possible excuse to dismiss.

I would look at it this way. You have received a substantial payout in the form of six months pay. This is significantly more than the average tribunal award. If the job does work out from now on then, to be honest, that is a bonus.

I would try to assess the situation carefully over the next few weeks whilst keeping an eye open for relevant jobs.

All the best.