Dismissal appeal overturned

kthrpr

My partner was dismissed from work 3 weeks ago, he appealed and won unfair dismissal. His job has been reinstated and to start back next week. However he has recieved no income from work during this process.
He does not want his job back due to the way he was treated and there are bullying issues.

Any advice greatly recieved

Takeaway_Addict

If he has been reinstated then I believe (but not 100% sure) he is entitled to pay for the time inbetween dismissal and appeal.

He should look towards a settlement agreement to leave, it will give him a small amount of money but more importantly he can get an agreed reference for future jobs.

Takeaway_Addict

how long has he worked there as well?

stevemLS

Yes, if the appeal is won, it is as though the dismissal didn't take place so should be paid for intervening period.

They probably don't *want* him back, so some sort of departure agreement should be possible.

kthrpr

He had worked there 6 and a half years. At the initial disciplinary in which he was dismissed he was told he would recieve 6 weeks pay in leu of notice plus any holiday pay. He has recieved nothing since the 21st November. Today he recieved a letter to reinstate from 15th Dec with a final written warning that would last 12 months

Takeaway_Addict

kthrpr wrote: »

He had worked there 6 and a half years. At the initial disciplinary in which he was dismissed he was told he would recieve 6 weeks pay in leu of notice plus any holiday pay. He has recieved nothing since the 21st November. Today he recieved a letter to reinstate from 15th Dec with a final written warning that would last 12 months

If he wants to go then research settlement agreements, choose a figure you want from them, add a little onto it so that if they negotiate it comes down nearer your figure and make sure you get an agreed reference (You can't write it but you can make sure it's at the very worse a neutral reference).

Also, make sure the employer contributes £250 towards you get legal advice on this as well if you go through with this.

Just to add: Be reasonable on the figure, don't pick a years salary as its unlikely to happen. The average tribunal award is around 6k. Though your figure should be, all pay outstanding, notice pay, holiday pay outstanding plus some money to leave.

kthrpr

Thanks, can he request that the employer offers a settlement agreement or does he need a solicitor to start the proceedings

Another_not_new_user

kthrpr wrote: »

Thanks, can he request that the employer offers a settlement agreement or does he need a solicitor to start the proceedings

Forget the solicitor. He has little chance of a case now, and a solicitor simply costs money - possibly more than he will get offered. if he gets anything offered. The bottom line is (setting aside we have no idea what the disciplinary details are) - he appealed and won the appeal. End of story.


So (a) he is due payment from the date of dismissal because he is no longer dismissed (for now), but (b) he has little choice but to go back to work if the employer requires it. Past that, as people have said, he can try to negotiate an alternative, but he seriously can't expect to gain much from it. So if he doesn't want to go back he can ask if the employer is willing to settle - but they may not be and he has no right to it, so it may be minimal as an offer.


That advice is based on the fact that I haven't any context about the reason why he was dismissed, and that given a final warning, the employer thinks he actually did something.

kthrpr

My partner was dismissed on the 13th Nov. He was told he would recieve 6 weeks pay plus holiday entitlement. He appealed and they have reinstated his employment from the 15thDec. He has recieved no pay during this time. Due to some bullying issues it will be difficult for him to return to the workplace and would like to decline their over ruling. Will this affect his pay? Have they breached their contract by not paying him. What will happen if he does not return?

lakes17

kthrpr wrote: »

My partner was dismissed on the 13th Nov. He was told he would recieve 6 weeks pay plus holiday entitlement. He appealed and they have reinstated his employment from the 15thDec. He has recieved no pay during this time. Due to some bullying issues it will be difficult for him to return to the workplace and would like to decline their over ruling. Will this affect his pay? Have they breached their contract by not paying him. What will happen if he does not return?

No they haven't breached their contract by not paying him as it is usual for payment to stop immediately when the decision has been made to dismiss. This would still apply if an appeal was lodged. As you have stated that the letter to overturn the original decision was received today it is to early for you to receive the outstanding money.

Another_not_new_user

kthrpr wrote: »

My partner was dismissed on the 13th Nov. He was told he would recieve 6 weeks pay plus holiday entitlement. He appealed and they have reinstated his employment from the 15thDec. He has recieved no pay during this time. Due to some bullying issues it will be difficult for him to return to the workplace and would like to decline their over ruling. Will this affect his pay? Have they breached their contract by not paying him. What will happen if he does not return?

He wasn't dismissed for bullying - he can't refuse to go back for a reason that is entirely different from the reason for dismissal, and after an appeal he made and won. What will happen if he does not return is that he will be absent from work without leave, he will be disciplined, and being already on a final warning, he will be dismissed. And it will be a fair dismissal.


If he alleges that he is being bullied that is a separate matter and he must raise a grievance when he returns to work.