Anyone been to a tribunal over an Unfair Dismissal

[MissMitford]

Thanks in advance for sharing your experience and advice on this one.

Was dismissed (fired!) just before Christmas. Definitely grounds for Unfair Dismissal - ie due process of formal warnings etc not followed. I was basically taken by suprise (was expecting a meeting to talk about something totally different) and asked to go on the spot. Offered 3 months pay to go, didn't have to work notice period. Contract only says that have to give me one months notice (but that assumes due process followed).

Anyway - am obviously feeling pretty sore about it all. Preliminary legal letters exchanged and they're playing hardball - not upped offer. What I want to know is how painful the tribunal process is and what settlement I can expect. Or if I should take the 3 months and slink away...

Unless you walked straight into another job, I'd go for it. Compensation depends on your loss of earnings so difficult to predict a reasonable offer. But the tribunal process is easy, and you're not at risk on paying their costs if you lost (unlike other litigation). Your only cost is your own solicitor if you choose to employ one. Are they represented? If so, there legal costs may be minimal now but will increase as you get nearer any hearings.

Speak to ACAS about settlement - they will be aware of the procedural unfairness aspect and will be able to broker a deal if that's what you want.

Unless you walked straight into another job, I'd go for it. Compensation depends on your loss of earnings so difficult to predict a reasonable offer. But the tribunal process is easy, and you're not at risk on paying their costs if you lost (unlike other litigation). Your only cost is your own solicitor if you choose to employ one. Are they represented? If so, there legal costs may be minimal now but will increase as you get nearer any hearings.

Speak to ACAS about settlement - they will be aware of the procedural unfairness aspect and will be able to broker a deal if that's what you want.

Oops sorry for 2 x posts and spelling mistakes!

Hi, I'm an employment solicitor. Why did they say they were dismissing you, what were the grounds? I'm not clear why you were dismissed. Did they ask you to sign any kind of agreement?

Procedurally you probably have a case but I'd need to know more. Did they give you the right to appeal the decision? How long had you worked there for?

Substantively I don't know as normally the only way you can get someone to go straight away is through gross misconduct but I don't know if that is the case?

I would say that yes, keep it going as the employer will doubtless want to settle as it gets closer to the tribunal date. Kick up as much of a fuss as you can, sometimes when I'm acting for employers they just get so sick of it (and of, for example, countless letters being sent to us which require responses) that they decide it's commercially sensible to increase their offer.

Hope that helps!

Thanks everyone.

In the meeting, said it was because I had 'lost my mojo' and 'it was time to part ways.' I had worked there for 3.5 years and no, did not ask me to sign anything. since then, I have written to them and asked for reasons and they said it was because of doubts about my capability and performance, but no formal disciplinary process ever followed.

TBH, it's all about the fact that since coming back (after 4 measly months, under pressure) from ML, I have been p-t and flexible hours. DS had a whopping amount of illnesses, so inevitably I was out of work caring for him, missed a big conference etc. So poss sex discrimation too...?

uuugh no matter what happens, it's such a sour way to end what had been a good working relationship with all concerned...

bump

I took my employer to tribunal for pg related sex driscrimination - as soon as I announced I was pg, they suddenly changed my role and moved me somewhere sleepy...

Don't know if you're pursuing... but I think it is tough... the whole process drags on - my simple case lasted nearly a year, and I don't think that is unusual...

Employment Tribunals try to encourage a negotiated settlement, so once I approached them, they allowed my employer to argue they wanted to try the formal internal process first... even though I have been unable to get them to do it prior to submitting my complaint to the ET. so by the time we got to tribunal my DD had been born!

I represented myself at my case management hearing - which is a short first hearing to establish whether you have a case to present, and to assess how many days will be needed. The Chairperson said they would help all they could, but they strongly advised me to get a lawyer! Employment tribunals were meant to be set up so that you coudl self-rep., but in practice is hard as the law is complex, and the other side will probably have a barrister - mine did!

I was fortunate in being able to claim on the legal expenses of my house insurance... check your policies, lots do contain provision for legal disputes...

The day before the tribunal - so all the work is done, and you're revved up to go... they finally made an offer above what we expected to win... At this point, your insurers lawyers recommend you take it, and the game is over...

The pay out was a bit hollow. Although it was several thousand pounds, we were unable to negotiate any changes to practice or policy - I wanted to make things better for other women... no one said sorry, and it was a hell a lot of grief at a busy and emotional time of my life...

Would I do it again... hmm... maybe... I'm a stubborn so and so.... stressful though!

DH is taking his former emplyers to an employment tribunal at the end of Feb, it's a horrible experience to go through, but we both feel it's worth it.

Won't go into the details here, too long, but even if the pay out only covers the solicitors costs the moral victory will be worth a billion times more.

Fingers crossed and good luck.

PS:

They have offered him £1,000, they owe him at least £25,00 in wages, the sacked him for gross misconduct on a Fri and told all his clients Fri PM he had been sacked for gross misconduct, no warnings, not opportunity to present his side of things, they did not pay him his salary or his expenses or holiday pay.

I would personally like to go and give the fuckers a good hard kicking in the balls and head for all the stress, upset and hassle they have caused. But will do it the right way through a tribunal!