Enployment Tribunal

NoobCannon · 20 Oct 2017 at 18:54

hoping this is the right section.

A little backstory first

Was made redundant 1/08/17 after working at my company for 9.5 years with no notice, got a text friday night telling me to come to depot monday morning and when i got there was told im being made redundant.

Ive gone thru ACAS as i was paid no redundancy and was given no notice. have since been paid half of my redundancy owed but am obviously still owed the other half.

I also claimed unfair dismissal thru acas, went thru the conciliation palava and have been issued a date for my tribunal.

Now for the question.

On the court paperwork i have to return i am told i have to provide (by the 7/11) the following

Now i dont really understand what they are asking me to produce, obviously i know how Much money from my redundancy and notice period that i am owed but i think they are asking me to produce a figure that i think i should be paid for the unfair dismissal part of My claim. I was luckliy enough to walk into another job 2/3 weeks after being made redundant but i dont see how this should impact my claim for unfair dismissal as i might not have found a job so quickly i was just lucky.

Should i just pluck a figure from the air as to what i think i should get for an unfair dismissal claim, 2/3 months wages? Or just ask for 20k and let the court work out how much i should get.

Hoping someone can provide some insight or i will phone acas again monday and see what they say.

NoobCannon · 20 Oct 2017 at 20:13

Moses said:
I assume you're not a member of a union? TBH legal advice is the way forward - look on the law society website... you can filter for employment law solicitors near you. Don't ACAS just tell you what the law is rather than offer advice like that?

No theyve actually been very helpfull and answer any questions you ask them.

No union at my old company unfortunatly.

mattyg · 20 Oct 2017 at 21:06

Don't mess about. Get PROPER legal advice. It sounds open and shut though.
There is a guy on the UKBusiness Forums called Karl Limpert http://employmentlawclinic.com/

He works really for the other side But If you sign up to the forum I'm sure he'll add his 2p's worth

kindai · 20 Oct 2017 at 21:31

NoobCannon said:
produce a figure that i think i should be paid for the unfair dismissal part of My claim

Ultimately, you should look to hire a solicitor to do this bit for you. I've done it for a few friends/family in the past so if you want to share some figures I dont mind putting something rough together for you.

Put, basically work through these pages:

https://www.citizensadvice.org.uk/w...ent-tribunals-valuing-a-claim-where-to-start/

Work out your basic award, your compensatory award and then any uplift on top. Add that to what they owe you already.

NoobCannon · 20 Oct 2017 at 21:36

kindai said:
Ultimately, you should look to hire a solicitor to do this bit for you. I've done it for a few friends/family in the past so if you want to share some figures I dont mind putting something rough together for you.

Put, basically work through these pages:

https://www.citizensadvice.org.uk/w...ent-tribunals-valuing-a-claim-where-to-start/

Work out your basic award, your compensatory award and then any uplift on top. Add that to what they owe you already.

Hmmm if you dont mind helping or sharing figures i would be greatfulll and ill have a look thru that link myself.

What info would you need from me?

mattyg · 20 Oct 2017 at 21:41

We had to settle a claim before tribunal. He was most definitely NOT unfairly dismissed even the judge at a pre hearing told him to go away and not pursue it. He got the best part of £15k as that was cheaper than defending the claim.

NoobCannon · 20 Oct 2017 at 21:44

mattyg said:
We had to settle a claim before tribunal. He was most definitely NOT unfairly dismissed even the judge at a pre hearing told him to go away and not pursue it. He got the best part of £15k as that was cheaper than defending the claim.

That doesnt really apply to me tho as i most definatly was unfairly dismissed

mattyg · 20 Oct 2017 at 21:45

NoobCannon said:
That doesnt really apply to me tho as i most definatly was unfairly dismissed

I was giving you an Idea of what it might cost your ex employer to fight you. It might give you something to aim at

NoobCannon · 20 Oct 2017 at 21:49

mattyg said:
I was giving you an Idea of what it might cost your ex employer to fight you. It might give you something to aim at

Ah, to be honest hes the kind of guy to fight it to the end i think at least he did with an injury tribunal claim. Altho i think this one is pretty much open and shut

kindai · 20 Oct 2017 at 22:03

NoobCannon said:
What info would you need from me?

Your age
How long working at the company
Your gross pay per week
Your net pay per week (including benefits, company car allowance, health insurance etct)

Time between being made redundant and getting a new job

Difference in pay, if any.

NoobCannon · 20 Oct 2017 at 22:05

kindai said:
Your age
How long working at the company
Your gross pay per week
Your net pay per week (including benefits, company car allowance, health insurance etct)

Time between being made redundant and getting a new job

Difference in pay, if any.

Will trust you details over if ok.

kindai · 20 Oct 2017 at 22:08

NoobCannon · 20 Oct 2017 at 22:12

kindai said:
Sure

Done

AHarvey · 22 Oct 2017 at 02:23

Is redundancy actually unfair dismissal?

Rroff · 22 Oct 2017 at 02:27

AHarvey said:
Is redundancy actually unfair dismissal?

Depends how the company went about it and whether they actually made the role redundant or just kicked the employee out.

NoobCannon · 22 Oct 2017 at 09:14

As above as no consultation process was followed its classed as unfair dismissall.

booyaka · 28 Oct 2017 at 14:20

Get proper legal advice - I would suggest that is the best way forward.

Your employer is likely to either try and settle out of court, or they will turn up with solicitors/lawyers to drag out the process etc.

NoobCannon · 28 Oct 2017 at 16:17

Got ripped off at the solicitors the other day but got some advice on how to word the letter at least.

They think the employer will conviently change the company name before the tribunal dates (theres 6 of us in total)

And will have to start the whole process again not entirely sure how its Legal for companys to get away with that sort of thing

john_s · 28 Oct 2017 at 18:23

NoobCannon said:
They think the employer will conviently change the company name before the tribunal dates (theres 6 of us in total)

I’m not sure how far changing the name will get them... it’ll still be the same company, the same company number. Switching to a whole new company might make things more problematic, but equally will have a big overhead for them... and might not get them off the hook anyway.

NoobCannon · 28 Oct 2017 at 18:37

john_s said:
I’m not sure how far changing the name will get them... it’ll still be the same company, the same company number. Switching to a whole new company might make things more problematic, but equally will have a big overhead for them... and might not get them off the hook anyway.

Solicitor said if he changes the company i can go after the director for avoiding a debt but hoping it doesn’t get to that stage as will have to be represented

Enployment Tribunal

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