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Employment Lawyers: can I get your advice on this please? :(

(11 Posts)
ChuckNorrisChop Tue 03-Nov-15 17:50:12

I'm currently going through a disciplinary proceedure as my employer wants to remove me from the business. They've raised a very minor issue as gross misconduct and offered me a settlement (prior to the outcome of the disciplinary).
Ive been offered 3 months salary to go quietly but i believe i have a strong case if it goes to tribunal.

I wanted to know whether an average settlement at a tribunal would be better financially? I've got a family to support as I have 2 DC and my partner is a SAHP.

Also, I met with HR off site, in an unoffical capacity where they confirmed the grievence was to get rid of me. (I have a recording of this discussion) Can I use this?

I very much appreciate any help with this - not sure what to do now.

DeoGratias Tue 03-Nov-15 18:44:49

Have you been employed 2 years? If not then I believe unfair dismissal rights may not exist.

Can you afford the tribunal fees which I think are quite steep now?

ChuckNorrisChop Tue 03-Nov-15 19:39:28

I've been there 2 1/2 yrs.

I can afford the fees but it's just a case of will it be worth it in the long run?

prettybird Tue 03-Nov-15 19:44:56

If you didn't tell them you were recording it, you can't use it. sad

However, I suppose there's nothing stopping you writing a "record" wink Of what was said - but the difficulty you would have is that HR could just deny that they told you that hmm

ChuckNorrisChop Tue 03-Nov-15 19:47:45

Thanks pretty I suspected as much. It's so frustrating.

OliviaBenson Tue 03-Nov-15 20:05:31

Could you try and negotiate a higher pay off to go quietly?

ChuckNorrisChop Tue 03-Nov-15 20:24:48

Well I have tried to negotiate more but they remain steadfast.

The company has a history of removing employees this way so i guess they're thinking if they maintain their position on this I will go.

peteneras Wed 04-Nov-15 08:14:20

Don’t give in. Make a record of everything that was said and if possible try to get some witnesses though I appreciate colleagues still employed there may be reluctant. I would contact former colleagues who were dismissed by the employer using the same tactic if they would be willing to be your witness(es).

Re the recording you have, as previously said, write them all down on paper and tell your employer that you are going to use this as evidence. Their lawyer(s) may request a copy of this transcript and you send it to them. If they challenge you on the integrity of this transcript then tell them you have a recording to prove it.

I would call your employer bluff and proceed to tribunal. Chances are they would back down in the very last minute as happened to me previously. You can represent yourself at tribunal if you so wish. I had no solicitors as I intended to represent myself. My ex-employer’s team of international lawyers didn’t intimidate me though they tried. You shouldn’t be intimidated either. Your employer's solicitors is going to cost them a lot of money - win or lose. Common sense probably would prevail when your employer finally realises it’s better to give you the money rather than to their lawyers as it would be much cheaper for them. Good luck!

Dungandbother Wed 04-Nov-15 08:16:19

Check your household insurance policy for legal assistance. You may have some cover to help you.

atticusclaw2 Wed 04-Nov-15 08:19:50

I'm an employment lawyer.

Pretty is incorrect about the recording. Evidence is evidence in the employment tribunal and you would be allowed to use it in tribunal (and I would suggest you use it to negotiate your position).

Whether its worth going to tribunal or not is impossible to say on the facts you've presented however, assuming that the offence doesn't warrant dismissal your potential compensation in tribunal depends on your losses. So if you get a new job straight away earning the same money then you'll get nothing. If you're out of work for a year you could get a year's salary (although there is a cap). You can't just sit back though and not look for work. You have to demonstrate that you've been actively searching for work and have failed and if you can't get a job at a similar level you have to lower your expectations.

The fees to go to tribunal are likely to be around £1k plus any legal fees. For most people it simply isn't worth it.

ChuckNorrisChop Wed 04-Nov-15 10:21:34

Thanks peteneras Dung and atticus some good advice there. Unfortunately my household insurance doesnt include legal assistance.

peteneras your last paragraph is what I imagine would happen. They are bullies and used to getting their way.

I am actively looking for work, I have been since this all started as I have a young family to support.
Interesting about the evidence atticus will consider this all very carefully.

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