Redundancy Dismissal due to Health and Safety

martinsurrey · 5 February 2018 at 1:05PM

abcdef1234 wrote: »

I believe I was dismissed by redundancy due to raising health and safety issues. Without getting into whether I will win my case or not does anybody know how I should be valuing my case?

something no one else has asked, were your health and safety issues valid and reasonable, and could you prove that in court?

I could tell my boss I'm not doing any filing as the risk of a paper cut is too high, doesn't mean they would be be wrong to mark it against me if it came to redundancys.

martinsurrey · 6 February 2018 at 10:12AM

abcdef1234 wrote: »

Yeah you are right martin. Its a tricky one to prove.

All I can say is that measurable objective facts have been reduced from one scoring year to the next 12 months later. The only thing that changed is the reluctance to carry out said job which never went ahead anyway and I was never asked to do again. No discipline came of it which is hard for me to understand as I have had it raised against me on 4 separate occasions during the scoring. If it were not a valid excuse then I should have been disciplined for insubordination and mention that if this was issue then they should have followed company disciplinary guidelines but didn't so a 25% increase on compensation should be applied.

Changes from one scoring to another are not automatically wrong, you are being judged against others who survived the first round, maybe they are being harsher on everyone (higher thresholds).

The fact they didn't discipline you is NOT proof that your concerns were valid, you need more than that, and your entire claim hinges on that fact.

If you cant prove that your health and safety claim was valid and reasonable, they can justifiably claim that you were marked down for refusal to carry out reasonable tasks.

If you can prove it, then you need to prove that your score was marked down as a direct result of this.

The onus is on you to build this case.

mariefab · 9 February 2018 at 2:41AM

Just rip it up and do it again. Tribunals can be quite forgiving of these sorts of minor errors by unrepresented employees. After all the schedule doesn't become relevant to the Tribunal until after you win your case.
Call it a revised schedule of loss.
Add a note with an apology and saying something about just discovering your mistake/s.
Send it off as soon as possible. Do not wait for hearing date or you may find that the Respondent objects and time could be wasted, by the Judge, deciding whether to accept it at that late stage.

Comms69 · 15 February 2018 at 4:53PM

abcdef1234 wrote: »

Hi All,

I can be a little more open and honest now I think. I didn't want to give too much about my case away so close to my tribunal and was looking for last minute panic advice. Sorry.

I have attended my tribunal this week. It went well in some areas and not as expected in others. It was certainly an eye opener and i'm glad its over.

I have been told that I can expect a decision from the judge in the post within 28 days.

Win or lose I will let you all know how it went for your own curiosity, if you have any.

Thank you again for your responses and advice.

Can you elaborate on this? In essence did what member say would happen, happen?

Masomnia · 15 February 2018 at 9:29PM

Interesting. Well, win or lose you've done what you can.

I'm sure you're right that you raising the complaints marked you out in their minds as a trouble maker and they wanted you out. It's persuading a judge of that I suppose! Let us know how you get on.

lincroft1710 · 21 March 2018 at 7:18PM

There is no point in "doing it on the cheap". If you want proper legal advice, you have to pay for it. A good employment solicitor could tell you if you had a case for an appeal or not. Appealing a Tribunal decision is not easy, it has to be based on fact and a knowledge of the relevant legislation and procedure not opinion (possibly biased).

lincroft1710 · 22 March 2018 at 5:29PM

I'm going to be a little bit blunt, so will apologise in advance.

I have a great deal of tribunal experience, albeit not employment (only attended one as moral support for the claimant). It is very easy for an unrepresented party to rely on what they see as relevant and pertinent, when in actuality it is quite the reverse. Body language and behaviour can also influence the outcome (even if they shouldn't). There is also credibility combined with strength of the evidence, which probably should be the most important consideration.

So in all honesty, how do you think your presentation and case strength would have appeared to someone in the "public gallery"? If you considered your employers to have been less than honest in their presentation, why do you think the judge believed them?

If you think the judge failed in her duty, you may want to appeal. But it would be a brave man who tried to follow this through.

If (and it would be a big IF) you won an appeal, what would you actually gain financially. Remember that the downside of winning an employment tribunal could mean you would be seen as a possible troublemaker and severely limit your chances of future employment (which again shouldn't happen, but it does).

I have no idea of actual solicitor's costs, but a figure of £200 an hour is often quoted on these boards.

lincroft1710 · 26 March 2018 at 3:29PM

lincroft1710 wrote: »

There is no point in "doing it on the cheap". If you want proper legal advice, you have to pay for it. A good employment solicitor could tell you if you had a case for an appeal or not.

I forgot to add :

"and a poor one could string you along trying to persuade you had a good case for an appeal, when you hadn't"

lincroft1710 · 27 March 2018 at 4:03PM

If you win the appeal, what are you expecting to get in monetary terms?

abcdef1234 · 27 March 2018 at 9:25PM

My Schedule of loss was for £12.5k

Redundancy Dismissal due to Health and Safety

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