Breach of contract - Dismissal from employer ADVICE PLEASE

almanak

Undervalued said:

almanak said:

Undervalued said:

almanak said:

what is the procedure btw, up to 3 months as far as I know you have to do that through ACAS, if this time passes, small claim?

There is normally a strict three month time limit to start an employment tribunal claim. There are very few exceptions.

You can only use the small claims court for things like unpaid wages. Unfair dismissal etc can only be claimed at an employment tribunal and yes, ACAS will attempt to mediate first.

which doesn't make any sense cause if you don't want to land long term unemployment you have to find the new job within this 3 months period time

An employment tribunal can't give you your job back. Well, technically, they can order reinstatement but it never happens as the only sanction if the employer ignores the order is something like (from memory) a few extra weeks wages as compensation.

exactly, this is what I meant, so the system is designed to NOT support employees in such cases at all, moreover if you go for tribunal you can find this info online with your name and surname which just clearly make you less attractive for further employers no matter what was the result.

lincroft1710

almanak said:

Undervalued said:

almanak said:

Undervalued said:

almanak said:

what is the procedure btw, up to 3 months as far as I know you have to do that through ACAS, if this time passes, small claim?

There is normally a strict three month time limit to start an employment tribunal claim. There are very few exceptions.

You can only use the small claims court for things like unpaid wages. Unfair dismissal etc can only be claimed at an employment tribunal and yes, ACAS will attempt to mediate first.

which doesn't make any sense cause if you don't want to land long term unemployment you have to find the new job within this 3 months period time

An employment tribunal can't give you your job back. Well, technically, they can order reinstatement but it never happens as the only sanction if the employer ignores the order is something like (from memory) a few extra weeks wages as compensation.

exactly, this is what I meant, so the system is designed to NOT support employees in such cases at all, moreover if you go for tribunal you can find this info online with your name and surname which just clearly make you less attractive for further employers no matter what was the result.

One point of view.

A prospective employee who won at ET, may well have had a valid issue, so if I employed them I would have to be very careful I did things by the book, so possibly look for someone who wouldn't be so employment rights aware.

A prospective employee who lost at ET, clearly a troublemaker - don't employ.

Not all employers would think this way but some will

almanak

lincroft1710 said:

almanak said:

exactly, this is what I meant, so the system is designed to NOT support employees in such cases at all, moreover if you go for tribunal you can find this info online with your name and surname which just clearly make you less attractive for further employers no matter what was the result.

One point of view.

A prospective employee who won at ET, may well have had a valid issue, so if I employed them I would have to be very careful I did things by the book, so possibly look for someone who wouldn't be so employment rights aware.

A prospective employee who lost at ET, clearly a troublemaker - don't employ.

Not all employers would think this way but some will

most will, it is safer to hire 'a dumber employee' as he/she is easier to manipulate. Employers are afraid of too smart employees and co-workers are afraid of too smart colleagues. This is by the way the most common reason in my opinion the employee is 'observed' as others are afraid of their own position. As like for me the fact it was spotted that something was posted during working hours is kinda suspicious already.