Reinstated and I don't want to be

Jocinda

I was made redundant a few weeks ago and I made an appeal against the terms of the redundancy. My employer had a meeting and used a HR Consultancy Team for the meeting. I did not attend but sent my reasons in writing. I was then reinstated and told to return to work on Monday by letter by my boss and told this was a final decision. Later in the day I had a contract from the HR company saying because our relationship had broken down, they would let me go with 6 weeks salary starting from Monday and the same stat. redundancy as before. However, I would also have to terminate ACAS early conciliation and the option of taking my boss to a tribunal. I did not wish to be reinstated. Although I didn't specify this, I said I was appealing against the terms of the redundancy. I also said I was looking for a fair settlement. I would value your thoughts.

getmore4less

How long have you worked there?

IanSt

It sounds as though you would like the redundancy if the money was better, so how much more money do you want?

Once you know then let the company know you'd be willing to take redundancy for that additional amount and see how that goes.

If they accept then you'll get the money but will also probably have to sign an agreement so you'll have no comeback in the future.

If they don't accept then they'll either make you redundant and possibly face some future claims from you, or they'll just keep you on.

sangie595

Jocinda wrote: »

I was made redundant a few weeks ago and I made an appeal against the terms of the redundancy. My employer had a meeting and used a HR Consultancy Team for the meeting. I did not attend but sent my reasons in writing. I was then reinstated and told to return to work on Monday by letter by my boss and told this was a final decision. Later in the day I had a contract from the HR company saying because our relationship had broken down, they would let me go with 6 weeks salary starting from Monday and the same stat. redundancy as before. However, I would also have to terminate ACAS early conciliation and the option of taking my boss to a tribunal. I did not wish to be reinstated. Although I didn't specify this, I said I was appealing against the terms of the redundancy. I also said I was looking for a fair settlement. I would value your thoughts.

Take the money. You'll struggle to win a tribunal. You voluntarily appealed the redundancy and the result was that you were given your job back. Your appeal was successful. You can't complain that you got what you asked for to a tribunal!

Underlying all this is the breakdown of a relationship which is obviously acrimonious on both sides - it was, after all, you who initially said you wouldn't work with your ex. Tribunals are not stupid, and nor do they particularly like being drawn into personal s**t. That is what you are doing. You were looking to leave anyway, you started that conversation by saying you wouldn't work with your ex, and now that you've won the appeal and got your job back you are flinging accusations of criminal behaviour and having a tantrum. Maybe that isn't entirely accurate, but it sure as hell looks like what you are doing, and that's what it will look like to a tribunal. Tribunals might now be free to claim - but they are still able to award costs against people who bring frivolous claims, so don't imagine that their side won't be going for them, because now that you are forcing costs on them, they'll be happy to go after you.

If you want to turn your situation into a row over money, then do it in the divorce settlement. Don't do it in a tribunal. It's a court of law, and they don't like feeling that they are being used for personal vendettas.

Takeaway_Addict

sangie595 wrote: »

Take the money. You'll struggle to win a tribunal. You voluntarily appealed the redundancy and the result was that you were given your job back. Your appeal was successful. You can't complain that you got what you asked for to a tribunal!

Underlying all this is the breakdown of a relationship which is obviously acrimonious on both sides - it was, after all, you who initially said you wouldn't work with your ex. Tribunals are not stupid, and nor do they particularly like being drawn into personal s**t. That is what you are doing. You were looking to leave anyway, you started that conversation by saying you wouldn't work with your ex, and now that you've won the appeal and got your job back you are flinging accusations of criminal behaviour and having a tantrum. Maybe that isn't entirely accurate, but it sure as hell looks like what you are doing, and that's what it will look like to a tribunal. Tribunals might now be free to claim - but they are still able to award costs against people who bring frivolous claims, so don't imagine that their side won't be going for them, because now that you are forcing costs on them, they'll be happy to go after you.

If you want to turn your situation into a row over money, then do it in the divorce settlement. Don't do it in a tribunal. It's a court of law, and they don't like feeling that they are being used for personal vendettas.

Why bother? They're clearly not going to bother replying again....like last time.

cattie

Op has another more informative post re situation here.
https://forums.moneysavingexpert.com/discussion/5757900

seatbeltnoob

sangie595 said it best.

Dont waste the tribunals time, they have real unfair dismissals to deal with.

You worked for your husbands family business, of course after a separation you cant work for their family business again. Take the money and use the money to cover your bills for 2 months and go find yourself another job so you can pay for a divorce lawyer.