New Post Advanced Search

Challenging unfair dismissal

edited 30 November -1 at 1:00AM in Redundancy & Redundancy Planning
7 replies 3.2K views
SumarokovSumarokov Forumite
35 posts
Sixth Anniversary 10 Posts Name Dropper
edited 30 November -1 at 1:00AM in Redundancy & Redundancy Planning
Hi. I have been given summary dismissal at my place of work. I want to challenge it at a tribunal if a lawyer thinks I have a chance. However, first of all, I have seven days for appeal at work against this decision.

This is utterly pointless, as there is no due process there. I do not want to even step foot in the place anymore, my physical and mental health is more important. But I still want to appeal in a place where there might be more of a proper legal hearing.

I know that IF you win at a tribunal, you can can get 25% less compensation if you do not appeal the decision at work. But are there other consequences of not appealing within the seven days? Can this work against you in general: you did not appeal then, so that shows you accepted the decision, stuff like that which could be a factor when they come to their decision at the tribunal?

Thanks in advance for any knowledge or insights.

Replies

  • UndervaluedUndervalued Forumite
    5.8K posts
    Seventh Anniversary 1,000 Posts Name Dropper
    ✭✭✭✭
    More relevant is to get an assessment of chances of winning an unfair dismissal claim and, assuming you do, the likely level of any compensation. Unless your claim is viable everything else is academic.

    The general principle of any civil claim is that it should normally be a last resort, having made all reasonable efforts to settle. Pre claim conciliation by ACAS is mandatory in any case but you should not rely on them for legal advice.

    Ideally you need to see a solicitor as soon as possible or, assuming you are not a union member, maybe your house insurance provides access to a legal advice line?
  • lincroft1710lincroft1710 Forumite
    13.6K posts
    Part of the Furniture 10,000 Posts Name Dropper
    ✭✭✭✭✭
    How long have you worked there?
  • SumarokovSumarokov Forumite
    35 posts
    Sixth Anniversary 10 Posts Name Dropper
    Over two years.
  • lincroft1710lincroft1710 Forumite
    13.6K posts
    Part of the Furniture 10,000 Posts Name Dropper
    ✭✭✭✭✭
    Then what was the reason for your dismissal and is there any way the employer can justify it?
  • nicechapnicechap Forumite
    2.7K posts
    Part of the Furniture 1,000 Posts Name Dropper
    ✭✭✭✭
    Sumarokov wrote: »
    Hi. I have been given summary dismissal at my place of work. I want to challenge it at a tribunal if a lawyer thinks I have a chance. However, first of all, I have seven days for appeal at work against this decision.

    This is utterly pointless, as there is no due process there. I do not want to even step foot in the place anymore, my physical and mental health is more important. But I still want to appeal in a place where there might be more of a proper legal hearing.

    I know that IF you win at a tribunal, you can can get 25% less compensation if you do not appeal the decision at work. But are there other consequences of not appealing within the seven days? Can this work against you in general: you did not appeal then, so that shows you accepted the decision, stuff like that which could be a factor when they come to their decision at the tribunal?

    Thanks in advance for any knowledge or insights.

    You're correct about your health being more important than monetary revenge.

    But you're mistaken if you think refusing to engage properly with the appeal process will only reduce any award by 25%.

    Not that there's any indication of the merit of your case but from your language I would suggest you put this behind you and move on. Only about 3% of cases taken to ET are awarded for the claimant and they take months/ years and generally involve a lot of stress.
    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
  • jonnygee2jonnygee2 Forumite
    2K posts
    1,000 Posts Second Anniversary Name Dropper Combo Breaker
    ✭✭✭
    Hi. I have been given summary dismissal at my place of work. I want to challenge it at a tribunal if a lawyer thinks I have a chance. However, first of all, I have seven days for appeal at work against this decision.

    This is utterly pointless, as there is no due process there.

    There obviously is a process, because they have given you seven days to appeal. I would strongly advise you take this opportunity if you want any chance of taking this further. After that, then seek advice from your union. If no union then ACAS and then look for a free legal consultation.

    As nicechap points out, it's a long process and doesn't often end well for the employee (although it can do). Personally I think I'd only consider taking clear cases of discrimination against a protected characteristic, sustained and well evidenced bullying, or something similar to an ET, and then only with proper legal advice behind me.
  • ffacoffipawbffacoffipawb Forumite
    3.4K posts
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    ✭✭✭✭
    jonnygee2 wrote: »
    There obviously is a process, because they have given you seven days to appeal. I would strongly advise you take this opportunity if you want any chance of taking this further. After that, then seek advice from your union. If no union then ACAS and then look for a free legal consultation.

    As nicechap points out, it's a long process and doesn't often end well for the employee (although it can do). Personally I think I'd only consider taking clear cases of discrimination against a protected characteristic, sustained and well evidenced bullying, or something similar to an ET, and then only with proper legal advice behind me.

    Might be a bit late now, the original question was posted eight days ago.
    Retired Cymro

    🏴󠁧󠁢󠁷󠁬󠁳󠁿 Cymru am Byth 🏴󠁧󠁢󠁷󠁬󠁳󠁿
Sign In or Register to comment.

Quick links

Essential Money | Who & Where are you? | Work & Benefits | Household and travel | Shopping & Freebies | About MSE | The MoneySavers Arms | Covid-19 & Coronavirus Support