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Richie is taking her employer to court

I need to talk to someone about all this so its kinda a diary for me so I can rant and rave.... Please humour me....

To start with I made a big mistake at work in all honesty thought I'd be sacked! :confused:

Turns out although it was a biggie it wasnt a sackable offence :j

But I admitted during my investigation that I had depression thats when the proverbial poop hit the fan My boss decided I wasnt well enough to be in my role!!!! !!!!!!!

So I am heading to a grievance meeting next week then If I dont get what I am looking for I'm off to court I have the backing of ACAS and my legal cover on my home and contents policy will cover my legal fees! They both think I have a really strong case, But they told me my company is known to pay up so I dont go to tribunal as they are a huuuuuge company and see throwing money at the issue rather than getting bad publicity

So this is the moral question if they offer me shut up money do I take it?

Or do I stand my ground go to tribunal and see this out or is this cutting my nose of to spite my face? Show them they cant treat people the way I have been treated? I believe in doing whats right but I need to be realistic or do I ?

I'll value your opnions....

Richie x
Isn't the knowledge that comes from experience more valuable than the knowledge that doesn't?
«13456710

Comments

  • skint_spice
    skint_spice Posts: 13,490 Forumite
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    Big decision for you Richie, if you don't go to the tribunal would this count against you getting anything else jobwise?
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  • firesidemaid
    firesidemaid Posts: 2,137 Forumite
    Part of the Furniture Name Dropper Combo Breaker Bake Off Boss!
    if you do make a pre-trial deal as such make sure it includes both a large sum of money and a good reference.

    i completely understand your predicament - and my answer to that would have changed depending on what age i have been and how long i have experienced the workplace and all of its good and bad employers.

    my thoughts now are take the money only if it compensates you enough for everything ie. make them pay big time if they don't want the bad publicity. as far as i know you can sack anyone as long as you are prepared to pay the £50-odd grand max payout.

    good luck x
  • ZTD
    ZTD Posts: 24,327 Forumite
    if you do make a pre-trial deal as such make sure it includes both a large sum of money and a good reference.

    i completely understand your predicament - and my answer to that would have changed depending on what age i have been and how long i have experienced the workplace and all of its good and bad employers.

    my thoughts now are take the money only if it compensates you enough for everything ie. make them pay big time if they don't want the bad publicity. as far as i know you can sack anyone as long as you are prepared to pay the £50-odd grand max payout.

    good luck x

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  • if you do make a pre-trial deal as such make sure it includes both a large sum of money and a good reference.

    i completely understand your predicament - and my answer to that would have changed depending on what age i have been and how long i have experienced the workplace and all of its good and bad employers.

    my thoughts now are take the money only if it compensates you enough for everything ie. make them pay big time if they don't want the bad publicity. as far as i know you can sack anyone as long as you are prepared to pay the £50-odd grand max payout.

    good luck x
    i do not think this is the best of advice no matter how well intentioned ,there is a number of hurdles you need to jump to win a tribuneral and the pay out i can assure you will be a case of 3/4 months pay , there are the other pit falls you will not get a ref , they cant say anything bad about you but they can refuse a ref which will be the case , also there are not many employers out there who will take on some one who has taken there last employer to court , every thing is rosey in acas world but ask them what type of pay out you are likely to get? i would be very carefull.
    as for sacking some one think how many people are sacked every day ?? how many go to tribuneral and win very very few .
    I sacked some one 8 months ago they threatened me with all sorts they said i sacked them to give some one else there job i had a letter from acas binned it then wrote and stated the chap was late 3 times for work and had in my opinion failed to prove to me he was going to change he had worked for me for 17 months , my solicitor banged a letter of end of story BIG PAYOUTS JUST DO NOT HAPPEN 50K IS PIE IN THE SKY.
  • Tigert
    Tigert Posts: 467 Forumite
    Debt-free and Proud!
    Sorry to hear about your situation.

    However wrong it seems, I have to agree with THE LONE RANGER. I don't think you'll be looking at a big payout. In my opinion, it's more likely to be equivalent to what you would get if you were to be made redundant. If they are a big company, then a personnel issue with one employee really wouldn't hurt them much.

    The point about references is definitely correct no one will ever give you a bad reference for fear of legal action. The way it is done is just to decline to give a reference. This is well known to mean that there is an issue.

    I've done it myself in the past I've had a temporary employee who decide to make themselves even more temporary than they should be by not turning up, or turning up late. They left when their contract expired, but then they had the nerve to give my name as a reference to a potential new employer - so I just declined.
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  • tinkerbell84
    tinkerbell84 Posts: 5,323 Forumite
    i do not think this is the best of advice no matter how well intentioned ,there is a number of hurdles you need to jump to win a tribuneral and the pay out i can assure you will be a case of 3/4 months pay , there are the other pit falls you will not get a ref , they cant say anything bad about you but they can refuse a ref which will be the case , also there are not many employers out there who will take on some one who has taken there last employer to court , every thing is rosey in acas world but ask them what type of pay out you are likely to get? i would be very carefull.
    as for sacking some one think how many people are sacked every day ?? how many go to tribuneral and win very very few .
    I sacked some one 8 months ago they threatened me with all sorts they said i sacked them to give some one else there job i had a letter from acas binned it then wrote and stated the chap was late 3 times for work and had in my opinion failed to prove to me he was going to change he had worked for me for 17 months , my solicitor banged a letter of end of story BIG PAYOUTS JUST DO NOT HAPPEN 50K IS PIE IN THE SKY.


    What's a TRIBUNERAL??
  • mdeebee
    mdeebee Posts: 381 Forumite
    I think a Tribuneral is a type of Brazilian dog.

    Woof.
  • The only comment I would make is that if they offer you a fair settlement which you refuse and at tribunal the panel decide on a similar amount you may be penalised for wasting court time.
  • tallyhoh
    tallyhoh Posts: 2,307 Forumite
    Part of the Furniture 1,000 Posts
    What's a TRIBUNERAL??


    Uncalled for. We all make spelling errors.:p
    Tallyhoh! Stopped Smoking October 2000. Saved £29382.50 so far!
  • brightonman123
    brightonman123 Posts: 8,535 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    if the job is causing stress/mistakes, then i think they have a duty of care to protect your health & wellbeing. get doctor to check you over, and write a note / letter if appropriate.
    Long time away from MSE, been dealing real life stuff..
    Sometimes seen lurking on the compers forum :-)
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