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  • FIRST POST
    • Sumarokov
    • By Sumarokov 18th Aug 19, 1:21 PM
    • 26Posts
    • 2Thanks
    Sumarokov
    Challenging unfair dismissal
    • #1
    • 18th Aug 19, 1:21 PM
    Challenging unfair dismissal 18th Aug 19 at 1:21 PM
    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.
Page 1
    • Undervalued
    • By Undervalued 18th Aug 19, 2:53 PM
    • 4,229 Posts
    • 3,704 Thanks
    Undervalued
    • #2
    • 18th Aug 19, 2:53 PM
    • #2
    • 18th Aug 19, 2:53 PM
    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?
    • lincroft1710
    • By lincroft1710 18th Aug 19, 3:07 PM
    • 12,159 Posts
    • 10,702 Thanks
    lincroft1710
    • #3
    • 18th Aug 19, 3:07 PM
    • #3
    • 18th Aug 19, 3:07 PM
    How long have you worked there?
    • Sumarokov
    • By Sumarokov 18th Aug 19, 6:41 PM
    • 26 Posts
    • 2 Thanks
    Sumarokov
    • #4
    • 18th Aug 19, 6:41 PM
    • #4
    • 18th Aug 19, 6:41 PM
    Over two years.
    • lincroft1710
    • By lincroft1710 19th Aug 19, 3:25 PM
    • 12,159 Posts
    • 10,702 Thanks
    lincroft1710
    • #5
    • 19th Aug 19, 3:25 PM
    • #5
    • 19th Aug 19, 3:25 PM
    Then what was the reason for your dismissal and is there any way the employer can justify it?
    • nicechap
    • By nicechap 19th Aug 19, 6:33 PM
    • 1,855 Posts
    • 3,266 Thanks
    nicechap
    • #6
    • 19th Aug 19, 6:33 PM
    • #6
    • 19th Aug 19, 6:33 PM
    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.
    Originally posted by Sumarokov
    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."
    • jonnygee2
    • By jonnygee2 25th Aug 19, 11:41 PM
    • 1,510 Posts
    • 1,588 Thanks
    jonnygee2
    • #7
    • 25th Aug 19, 11:41 PM
    • #7
    • 25th Aug 19, 11:41 PM
    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.
    • ffacoffipawb
    • By ffacoffipawb 26th Aug 19, 7:53 AM
    • 2,875 Posts
    • 2,010 Thanks
    ffacoffipawb
    • #8
    • 26th Aug 19, 7:53 AM
    • #8
    • 26th Aug 19, 7:53 AM
    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.
    Originally posted by jonnygee2
    Might be a bit late now, the original question was posted eight days ago.
    Retired: Financial Independence achieved in June 2019.

    Cofiwch Dryweryn
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