What can I claim for in a wronful dismissal claim.

KiKi

tigeress289 wrote: »

...discrimination is discrimination.

Yes. And the vast, vast, vast majority of it is perfectly legal.

Only a very, very small proportion of discriminatory behaviour is unlawful.

tigeress289

Mersey, you have it spot on, procedures were not followed. Within a school the Board of Governors had a say. It was a dismissal from HR threat, full stop. As for Welshwoolfs, the Head was aware of the disclosed CRB and there is nothing stopping me in law from working in a school. Some of the narrow minded views of an offence 16 years ago is pathetic. They clearly dont live in the real world. I had a salesman work for me that burgled a big Kent college 3 times and the charges were dropped as he helped convict me. He was charged with using a false instrument (used my blank invoices to cover computers he had stolen) after I had sacked him. He received 100 community service. He can work in any college in the Country as no record.
Please dont try to preach to me. I have seen just how bent the police can be. Just to bring this up to date, Head of HR resigned. Still fighting and ruffling feathers.

tigeress289

Bringing this right upto date and highlight some points.

A new leading precedent has been set which is now cited: Quashie v Stringfellows. This answers lots of questions over who is classed as self employed or an employee.

Wrongful dismissal is a breach of contract and is not to been compared to Unfair dismissal, which a lot seem to do.

There is a 6 year time limit to bring a wrongful dismissal claim and the damages are far greater than a ET claim.

There is no law which stops anyone from working in a school who has a criminal record, unless it falls within the list 99.

Discrimination can also fall under victimisation.

Will up date asap but been called to do JS at moment.

zzzLazyDaisy

Okay, I have come late to this thread, and you have already had some excellent advice, so I may not be able to add anything new, but let's see...

Firstly, can we just be clear on your employment status.

You say you were working for a school. There are a few ways that this can come about:

1 Employed directly by the school
2 Employed by another company which provides services to the school
3 Self employed, and contracting to the school

I realise that in law the edges of the above categories can become blurred, but it would be useful to establish where we are starting from.

Mands

tigeress289 wrote: »

There is no law which stops anyone from working in a school who has a criminal record, unless it falls within the list 99.

But it is perfectly legal for a school to take into consideration an individuals criminal record when choosing to recruit.

Uncertain

tigeress289 wrote: »

Wrongful dismissal is a breach of contract and is not to been compared to Unfair dismissal, which a lot seem to do.

Correct

There is a 6 year time limit to bring a wrongful dismissal claim

Also correct in England, five years in Scotland. This is because, as breach of contract, the claim can be made in the County Court

and the damages are far greater than a ET claim.

Now that is a wild leap and a good deal of wishful thinking!

zzzLazyDaisy

tigeress289 wrote: »

Now that is a wild leap and a good deal of wishful thinking!

I agree - it is like comparing apples and pears. The calculation for compensation in the two types of claim is completely different as one is based on a statutory formula and the other is based solely on the provisions of the contract.

(That's probably not what OP wants to hear, but sometimes it is worth clarifying these things for the benefit of other people who may be reading)

tigeress289

Firstly, Employed directly by the school. Head and Business Manager carried out interview..
Secondly, No question of CRB in interview.
I ticked had CR on CRB and informed Senior admin at time, straight after interview and given keys 4 hours later with start next morning..
Over the coming months talked about CR openly with Head and Business manager and other senior staff as well. Most staff who had been at school for a time already knew, as I knew most of them personally.
It was local authority HR who threatened Head to dismiss me.
Board of Governors not informed. Authority guidelines state that a CR does not stop someone from working in school but it is how they now interpret it differently when it comes to employment..

zzzLazyDaisy

tigeress289 wrote: »

Firstly, Employed directly by the school. Head and Business Manager carried out interview..
Secondly, No question of CRB in interview.
I ticked had CR on CRB and informed Senior admin at time, straight after interview and given keys 4 hours later with start next morning..
Over the coming months talked about CR openly with Head and Business manager and other senior staff as well. Most staff who had been at school for a time already knew, as I knew most of them personally.
It was local authority HR who threatened Head to dismiss me.
Board of Governors not informed. Authority guidelines state that a CR does not stop someone from working in school but it is how they now interpret it differently when it comes to employment..

Hello Tigress, thank you for clarifying that.

Under the current employment protection legislation, as you were employed by the school for less than two years, they can dismiss you for any reason or no reason at all - provided the reason does not amount to unlawful discrimination. They do not have to justify the reason.

Dismissal for a reason relating to a CRB check, does not fall within any of the various 'heads' of unlawful discrimination. I agree that it is discriminatory, and I can see why you feel you have been unfairly treated, but a dismissal for this reason is not 'unfair' or 'discriminatory' under the law.

As you rightly point out, this leaves you with a 'wrongful dismissal' (also known as breach of contract) claim. In contract law relating to employment, an employer may dismiss on giving the notice set out in the contract (or making a payment in lieu of notice) plus paying all outstanding wages and holiday pay. That is the end of the matter. The courts do not have the power to award compensation for upset/distress or for loss of earnings or any other head of compensation under a wrongful dismissal claim. So if you were paid your notice pay and any outstanding wages and holiday pay, then you have no claim in law against your former employer.

I am sure this is no more than anyone else has told you (apologies, I haven't read all the responses) and I realise that this is not what you want to hear. But on the information that you have provided to us so far, you don't have a claim.

Daisy

tigeress289

Thanks, That is just the point, I was paid nothing in lieu. Just dismissed with no warning. What is the main point is that the authority HR in law had no power to dismiss me. The decision was for the Head and Governing Board. The Board were not told and the Head went along with the HR, as he put it, for an easy life. For someone to be sacked when they done an excellent job and the offence from16 years ago had no relevence to the position they were in, is just madness. The Authority itself preaches one thing about helping ex offenders but has a totally different agenda when it comes to employing them. Its been an experience to see how people can be treated so badly by others in positions that they should never be in. The great thing is, we have a social media that can get the truth out there now. Since I started this, 9 people have gone because the truth was they were incompetent. It is still going on and every day we uncover more. The rides not over yet.