unfair dismissal (DPA) in a messy grievance- a long one

jobbingmusician

I don't understand. They have overturned their own decision to dismiss you, but are not reinstating you in post? Is that correct? (If so, clear constructive dismissal.... I think they may be trying to confuse you so that you do not put in a tribunal application.)

Be very careful of your timescales. I think the employment tribunal people would be interested in this case, as they are suspicious of employers trying to avoid the one year employment rule. (And anyway, if you have been paid up to the date of appeal, are you still short of a year if you count your holiday? Make sure you recalculate the dates.)

You can raise an ET online. It won't cost you anything to go to ET, and is VERY, VERY unlikely to cost you anything if you lose it, based on what you have told us. (ET's VERY rarely award against the employee, and usually only if they feel the tribunal has been brought unjustly, just to cause trouble). BUT there is a strict 3 month deadline, which is approaching rapidly!

Luvly.cuppa.T

Nice one Jobbing.

It does start to get scary and you wonder if you have a hope in hell, or will be frowned upon. The company have persistently fobbed me and others off (I am the only one out of four to persue this, as I had a job at stake and principles!) and it does wear you down.

With the reinstatement issue, I was asked at my appeal what outcome I wanted- (I had said in my letter that if the outcome was not satisfactory I would take it to tribunal) and I had said that I wanted a clean reference, compo, loss of earnings and a few other things. This obviously implies that I wasn't prepared to go back, and my P45 had already been written out too.... I loved my job, but having to work for a company that treats me like this, other members of staff knowing what has gone and my good name smeared etc I wasn't prepared to go back for them. Although I went to collect my wage slips and P45 the other day, I had pangs of wanting to return there....

In my letter that I received regarding my overturned outcome it states that I didn't want to be reinstated as I wanted a clean record and reference. So I guess that is a fair judgement to make. I also would be concerned that if I was reinstated I wouldn't be as superviser, as this is being denied as it wasn't on the system. (See above post)

It turns out with my years service that my weeks dismissal and 6 days of holiday thankfully brought me to 1 year and 3 days service, so I have that in the bag. My P45 has the 17th May on it, as the termination of my employment.

Do you think that I should first write a letter to the company telling that I will go to ET if they don't make good their equal pay difference and compo for distress? (I was actually going through 3 weeks of 8 exams at uni during the appeal!)
If I apply for an ET, can I pull out of it, should things go my way?
Like you say time is getting tight now, and I need to get the ball moving.

Luvly.cuppa.T

UPDATE:
I received a cheque today from the company and they decided to give me only 3 weeks payment and not the 4 they stated. Not sure what they are playing at, but it may be that as I had holidays owed to me, they see that as a weeks payment already?
Anyway, they have just given me more fuel to go bang on with tribunal.
I am hoping to get hold of a solicitor to see what I should do about the cheque, cash it or send it back and leave the tribunal to deal with it? Not sure on this aspect as the company have overturned the dismissal , so I cannot fight that anymore??

Any advice would be great, and I will endevour to keep you all updated on the matter!

Luvly.cuppa.T

Spoke to solicitor today ,and she says not to cash cheque as this will be show to accept their outcome.
As they have not stuck with their agreement of pay (even though it wasn't my agreement), I can bring this up in a tribunal.
I cannot go for constructive dismissal as I was originally sacked and this was the final date of emplyment. To go for constructive dismissal I would first have to be reinstated, and I woud have to give my notcie in.

However, I have been told as an individual applying for tribunal to put absolutely everything down that I can think of. The peeps there will kindly tell me if I cannot take certain issues up and this will not go against me.

Am applying now if I can, or tomorrow. Fingers crossed that it doesn't take too long to go through.....

jobbingmusician

Good luck, and keep us informed