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  • FIRST POST
    • caoimhin
    • By caoimhin 10th Apr 18, 1:45 PM
    • 103Posts
    • 71Thanks
    caoimhin
    Appeal afetr dismissial - advice/experience
    • #1
    • 10th Apr 18, 1:45 PM
    Appeal afetr dismissial - advice/experience 10th Apr 18 at 1:45 PM
    Hi all


    so I was dismissed at the end of 2017 for my performance supposedly not being up to standard. There was an appeals procedure but this is still ongoing (I believe I have a strong case for winning)


    I have been told if reinstated I would get full back pay, but if I took up another job in the meantime would I still get full pay?


    I have an offer to start next week and have accepted - I can't afford not to.


    But given this could my original employer technically refuse to pay me if I won claiming I had two jobs?


    My reasoning is that I left at end of 2017 and am under no obligation to them (it's not a suspension where I need to be able to attend meetings, etc. or am still being paid - I know this situation has been discussed before).


    If I resigned I don't think they'd want me to serve notice but if they did and I refused then would that be a separate issue or?


    Thanks
Page 1
    • Gavin83
    • By Gavin83 10th Apr 18, 1:53 PM
    • 5,320 Posts
    • 8,752 Thanks
    Gavin83
    • #2
    • 10th Apr 18, 1:53 PM
    • #2
    • 10th Apr 18, 1:53 PM
    How long did you work there for?
    • TELLIT01
    • By TELLIT01 10th Apr 18, 2:37 PM
    • 5,438 Posts
    • 6,033 Thanks
    TELLIT01
    • #3
    • 10th Apr 18, 2:37 PM
    • #3
    • 10th Apr 18, 2:37 PM
    I don't understand where the two jobs would come into it. You have been dismissed so have no job currently. Assuming you take the job on offer, and the previous employer accepted your appeal, any entitlement to pay would cease on the date you started your new job.
    • TBagpuss
    • By TBagpuss 10th Apr 18, 3:58 PM
    • 6,795 Posts
    • 8,894 Thanks
    TBagpuss
    • #4
    • 10th Apr 18, 3:58 PM
    • #4
    • 10th Apr 18, 3:58 PM
    I believe that if you are dismissed and then reinstated, you are treated as having been suspended during your dismissal so when reinstated, you are treated as having been employed all along. This is why, in that situation, you would normally be entitled to back pay and things like your length of service would be unaffected.

    You would need to take specialist advice, but I suspect that you would not be entitled to claim lost pay for any period where you were in fact working a different job.

    Do you want to be reinstated? Or would you rather move on to the new job? It may be that you could agree a settlement with your former employers.
    • lulu650
    • By lulu650 10th Apr 18, 5:31 PM
    • 909 Posts
    • 975 Thanks
    lulu650
    • #5
    • 10th Apr 18, 5:31 PM
    • #5
    • 10th Apr 18, 5:31 PM
    ......It may be that you could agree a settlement with your former employers.
    Originally posted by TBagpuss
    Unlikely as the OP is out of time for an ET claim
    Saving money right, left and centre
    • steampowered
    • By steampowered 10th Apr 18, 6:08 PM
    • 2,865 Posts
    • 2,834 Thanks
    steampowered
    • #6
    • 10th Apr 18, 6:08 PM
    • #6
    • 10th Apr 18, 6:08 PM
    What is your actual employment status right now.

    Were you actually dismissed, or are you just suspended?

    If you are just suspended, is that without pay?
    • lulu650
    • By lulu650 10th Apr 18, 6:21 PM
    • 909 Posts
    • 975 Thanks
    lulu650
    • #7
    • 10th Apr 18, 6:21 PM
    • #7
    • 10th Apr 18, 6:21 PM
    The OP has stated she was dismissed and not suspended.

    Difficult to understand why an appeals procedure is still ongoing for dismissal due to capability issues. Can only assume the OP has already formally appealed - but no details have been given.
    Saving money right, left and centre
    • caoimhin
    • By caoimhin 11th Apr 18, 11:09 AM
    • 103 Posts
    • 71 Thanks
    caoimhin
    • #8
    • 11th Apr 18, 11:09 AM
    • #8
    • 11th Apr 18, 11:09 AM
    Thanks for the replies. It was a dismissal, though they said if reinstated it counts as a continuous period of service.

    I think I'd rather just move on, would be happy to just take the back pay up until the date I started the new job, but they may try and not pay anything.
    Going to seek specialist advice to see if there may be any precedent for this.
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