Employment Tribunal Advice Please

Converse20

I have also discover. Of the 8 staff due to stand against me. Only 2 are still employed by them. Including the full HR team involved in my dismissal.

steampowered

Do bear in mind that the size of the award in a successful Employment Tribunal case will be calculated by reference to the loss you suffered as a result of the dismissal.

This will be made up of a basic award calculated according to a statutory formula (that would be very small given you have less than 2 years service) plus your demonstrable financial loss (essentially loss of earnings until you found a new job).

It won't be calculated by reference to the level of danger to the public, as the Tribunals don't increase an award to punish bad conduct.

Converse20

steampowered wrote: »

Do bear in mind that the size of the award in a successful Employment Tribunal case will be calculated by reference to the loss you suffered as a result of the dismissal.

This will be made up of a basic award calculated according to a statutory formula (that would be very small given you have less than 2 years service) plus your demonstrable financial loss (essentially loss of earnings until you found a new job).

It won't be calculated by reference to the level of danger to the public, as the Tribunals don't increase an award to punish bad conduct.

I thought we had clarified previously that I did have 2 years service. 103 weeks and 1 day of employment.

bugslet

Converse20 wrote: »

I thought we had clarified previously that I did have 2 years service. 103 weeks and 1 day of employment.

The chap I referenced earlier that hoped for over 40k and got 2k, had been with us for around 7 years. What steampowered said, basically applied.

Edit: gentleman concerned had solicitors as well, AFAIK. No win no fee variety. Presumably they thought they had a car and secondly they were definitely suffering a loss t the end of it. There were two solicitors and a barrister over four days never mind. All the previous work done.

Converse20

bugslet wrote: »

The chap I referenced earlier that hoped for over 40k and got 2k, had been with us for around 7 years. What steampowered said, basically applied.

Edit: gentleman concerned had solicitors as well, AFAIK. No win no fee variety. Presumably they thought they had a car and secondly they were definitely suffering a loss t the end of it. There were two solicitors and a barrister over four days never mind. All the previous work done.

I don't mean to sound ungrateful for your comments. But I thinks it's unfair to compare the case of your previous employees to mine. You've already stated that they had no case and only got a payout on a proceedural error. This is very different.

steampowered

Converse20 wrote: »

I thought we had clarified previously that I did have 2 years service. 103 weeks and 1 day of employment.

Fair enough and understood. Your basic award would be very small (you can pop the numbers into a calculator online to find out exactly what it would be) and your compensatory award would only be calculated by reference to the provable financial loss you suffered as a result of the dismissal.

The point I am trying to make is that the size of the award does not get increased to punish the employer for failing to follow health and safety regulations or anything like that.

The most you can get by way of punishment is a 25% uplift for unreasonably failing to follow the ACAS code, which is more of a procedural thing to do with the employer not following any procedures rather than anything to do with whistleblowing.

bugslet

Converse20 wrote: »

I don't mean to sound ungrateful for your comments. But I thinks it's unfair to compare the case of your previous employees to mine. You've already stated that they had no case and only got a payout on a proceedural error. This is very different.

I didn't say that he had no case. The tribunal decided he didn't and awarded on a technicality. If my legal team had felt he had no case, then they wouldn't have pushed me to make a 7k offer on the first day. His legal team would have not taken him on unless they thought they were going to get some money out of it.

My point is that tribunals are funny things from my limited experience, and from what I've read on the forum over a number of years. They can be unpredictable.

I nearly tacked on before that obviously I can't compare the two, but thought it was well, obvious. My bad.

Converse20

steampowered wrote: »

Fair enough and understood. Your basic award would be very small (you can pop the numbers into a calculator online to find out exactly what it would be) and your compensatory award would only be calculated by reference to the provable financial loss you suffered as a result of the dismissal.

The point I am trying to make is that the size of the award does not get increased to punish the employer for failing to follow health and safety regulations or anything like that.

The most you can get by way of punishment is a 25% uplift for unreasonably failing to follow the ACAS code, which is more of a procedural thing to do with the employer not following any procedures rather than anything to do with whistleblowing.

I have looked and know how low the award would be. I would rather press on and go through the Tribunal though regardless of the award if all I'm being offered is the same anyway. Even if I got the same in tribunal (or less taking into account my expenses to date) I would have a moral victory as there practices would be out there. Bitter and twisted? Possibly. But I have no further expenses now, I've spent what I've spent, even if the majority is time, and if all I get from this is there practices out there and staff and public to be safe, then I would be happy.

Undervalued

Converse20 wrote: »

I have looked and know how low the award would be. I would rather press on and go through the Tribunal though regardless of the award if all I'm being offered is the same anyway. Even if I got the same in tribunal (or less taking into account my expenses to date) I would have a moral victory as there practices would be out there. Bitter and twisted? Possibly. But I have no further expenses now, I've spent what I've spent, even if the majority is time, and if all I get from this is there practices out there and staff and public to be safe, then I would be happy.

Sadly I think you will be disappointed. As other have said this is not the purpose of an ET. Very few get any press coverage at all!

If the employer was even remotely concerned about this they would be making you a significant offer to settle (with the inevitable confidentiality agreement). Maybe they will if you push it a bit further but, if they do, then I would think very very carefully before turning it down.

Strictly speaking what you are doing amounts to an abuse of process if your real motive in pursuing this is not to get compensation for your losses. Tribunals and civil courts can take a dim view of being misused.

lincroft1710

Converse20 wrote: »

Yes. This practice has now stopped. As well as another similar one that was reported at the time by another manager. They received a very substantial fine (6 figures) for the other matter.

It was big in the press at the time as would this be if it got out. They are FTSE 100

Converse20 wrote: »

I would have a moral victory as there practices would be out there. and if all I get from this is there practices out there and staff and public to be safe, then I would be happy.

You seem to be contradicting yourself, have these practices stopped or not?