What can I claim for in a wronful dismissal claim.

tigeress289

I believe there are more knowledgeable people on this site than so called specialists. On the perecedent, it is only a judge that can make that ruling. So thats the next stage but I want to know what I can claim for even if I dont get it. The authority I am taking to court has more worries than me as I cannot lose even if I do. As a layman I have more chance of pushing my luck than using a solicitor. The precedent is on a self employment point as to if I was an employee. Control and other factors are in my favour.Its been a real learning lesson on employment.

Judith_W

Have you actually spoken to an employment lawyer at all? All they owe you is your week's notice and any holiday pay they didn't pay you! Just because they have been misleading you about you getting your job back doesn't mean anything within the first year or two, depending on when you joined.

Uncertain

tigeress289 wrote: »

I believe there are more knowledgeable people on this site than so called specialists. On the perecedent, it is only a judge that can make that ruling. So thats the next stage but I want to know what I can claim for even if I dont get it. The authority I am taking to court has more worries than me as I cannot lose even if I do. As a layman I have more chance of pushing my luck than using a solicitor. The precedent is on a self employment point as to if I was an employee. Control and other factors are in my favour.Its been a real learning lesson on employment.

Sorry but I think you are getting carried away here!

You almost certainly have a valid claim for notice pay and unpaid holiday. As I mentioned, if they didn't follow contractual procedures you might also get a week or two's pay for this but that is about the lot.

If you file a claim for that, assuming there is nothing your not telling us, I would expect the wheels will grind round and they will eventually settle. It is hard to see much of a defence and in any case the cost of fighting would way exceed the value of the claim.

However, beyond that I think you are dreaming. Based on what you have said here all this talk of setting precedents is nonsense. In any case, an employment tribunal doesn't set any kind of precedent. That only happens on appeal or higher and you can only appeal on a point of law, not just because you think they got it wrong. It is really hard to see it getting that far.

KiKi

In what way was it wrongful dismissal?

You won't set any 'precedent', though. ETs don't set case law, and this isn't Erin Brockovich.

KiKi

Uncertain

KiKi wrote: »

In what way was it wrongful dismissal?

Presumably (if I read the OP correctly) because they have not paid his notice or outstanding holiday.

Even if they argued gross misconduct, that get's them out of the notice pay but the holiday still has to be paid.

That alone would technically make it wrongful dismissal but the rest seems way OTT!

tigeress289

Thanks all, I have seen all these points, the claim is civil county court, so no ET. I was sacked because of discrimination of the CRB by someone higher in authority. I am aware I can only get 1 weeks wages and maybe a bit of holiday but I need a judge to decide on my employment status to stop others being treated the same way. I would not settle out of court as I have gone to far. As for OTT, I have caused the authority so many problems since, there have been a few who have resigned. Untill people start fighting for their rights, its easy to see why some give up easily with negative attitudes. I loved my new job and was making terrific changes for the better and yet some jobsworth thinks they can sack me with no comeback. How did we ever let employment law get to a point where you can be treated like crap. I can see Unions growing like they used to be.
thanks all.

Uncertain

tigeress289 wrote: »

........ but I need a judge to decide on my employment status to stop others being treated the same way. I would not settle out of court as I have gone to far.

But it won't!

A County Court judge, just like an employment tribunal, does not set precedents. Even if the judge rules in you favour, based on his interpretation of the law relating to your case, that is not in any way binding on what another judge dealing with a similar case may decide on another day. It needs to go far further up the food chain for that.

By all means claim whatever you are legally entitled to, that is your right, but don't delude yourself that it will somehow put the world to rights. Also beware of pursuing vendettas, that is an abuse of process. The civil courts are there to see that your losses are made good, not to punish "guilty" parties.

Far more employment and civil cases are settled because it is the cheapest and quickest thing to do, not because the respondent is in the wrong. Equally, some employers dig in and spend disproportionate amounts of money fighting unwinable cases in the hope that it will deter others from claiming in the future. Sadly it has little if anything to do with justice.

tigeress289

Thanks, I canot fault your post and as I said earlier, there are fantastic people on here. I fully understand the hierarcy of the court system and yes the county court is not technically a precedent hotspot, but it is a stating place. The real justice point is so true. I believe that I have clearly been discriminated against, time limit for that is 3 months, the school mislead me for 5. I will still put it in , I will still put in I believe my human rights have been violated. More than likely laughed at but it will be included. If I lost its civil appeal court but I am trying. I have a website up and so far the heads resigned, the HR head has gone. I am the tip of an iceberg in the authority I live. 66 compromise agreements issued. I personally know one teacher who had a nervous breakdown with how the HR treated them. They only had to pay me 1 weeks money in leu and I could not have done a thing. I take on board everything you say and you are so right. If I could have got this higher up the ladder I would have but the authority hid behind the school and I can only go after them.
thanks again

Notmyrealname

tigeress289 wrote: »

About to get papers to file a wrongful dismissal claim through the county court. Only worked for 5 months and sacked with no warning. Need any advice on claim. I am sure I can claim 1 weeks wages plus maybe a bit of holiday but can I claim any other kind of damages?
thanks

As you were employed post 1/4/2012 you can be dismissed for no reason within the first 2 years of your employment.

The only thing you can claim for is a weeks pay plus holidays if you were dismissed on the spot and weren't given a weeks notice OR paid a week in lieu of notice HOWEVER if they dismissed you for something considered gross misconduct then the one week statutory notice does not apply.

You are also going to the wrong court. County court judgements have no bearing on law. You need a Crown Court to do that. The costs of legal representation for such a case would probably cost you more than a whole years wage.

anamenottaken

Notmyrealname wrote: »

As you were employed post 1/4/2012 you can be dismissed for no reason within the first 2 years of your employment.

The only thing you can claim for is a weeks pay plus holidays if you were dismissed on the spot and weren't given a weeks notice OR paid a week in lieu of notice HOWEVER if they dismissed you for something considered gross misconduct then the one week statutory notice does not apply.

You are also going to the wrong court. County court judgements have no bearing on law. You need a Crown Court to do that. The costs of legal representation for such a case would probably cost you more than a whole years wage.

I think that first statement is likely to be wrong in that they may have been employed post 1/4/2012 but the employment began prior to that date. [In fact the relevant date for change to two years for unfair dismissal is 6/4/2012.]

Reason - five months employed plus five months during which they were led to believe they would get the job back takes us back to late 2011 for start of employment.