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Original poster

Tribunal / SOSR / gross misconduct timeline

13 replies

Employmentquestionname · 03/02/2019 20:49

Last summer I set a tribunal claim against my former (part time) employer.

It all started with a "non disciplinary" meeting where I refused to resign
so was dismissed on "SOSR" on the spot
which by the time of my appeal had turned into "gross misconduct"

The other side have offered a settlement amount (less than my loss)
and I'm really struggling mentally

Will the fact that ALL of their statements, claims, allegations post date my dismissal
count in my favour if I push on through to the tribunal ?
I faced no disciplinary at all before the day I was fired

They have lodged a claim for costs against me
and I know I cannot afford to pay if I lose
but I know I'm in the right

its scary

OP posts:
ChariotsofFish · 03/02/2019 20:52

Have you seen the solicitor they pay for as part of a settlement offer? They could help you ask for more money.

MrsGarethSouthgate · 03/02/2019 20:53

What was the other substantial reason that they claimed left them no other course of action but to dismiss you?

Original poster
Employmentquestionname · 03/02/2019 21:14

Gareth
SOSR - at the meeting on the day I was told it was "confidential"
The 400 page bundle gets signed off next week and I am still none the wiser.

Chariot
I'm not sure what you mean
their solicitors have made multiple offers varying between £0 and the current one
none of which are anywhere near my ongoing loss

OP posts:
neverknowinglynormal · 03/02/2019 22:20

What do you have to lose if you continue? They always threaten costs. Always. Costs orders are rare unless you are bringing a silly case that has little chance of success and you carry on anyway.

ChariotsofFish · 03/02/2019 22:36

If they make you a settlement offer they will pay for a solicitor for you to check the deal. Have you had that? Are you receiving other legal advice?

swingofthings · 04/02/2019 08:12

You say you know you're right, is this legally right? It might be a fact that they treated you badly but courts are not there to make a judgement on this basis, they only consider whether the law was broken, and ascering this is very difficult. If it wasn't, there'd be no need for lawyers.

Have you received legal advice as to the strength of your case?

Original poster
Employmentquestionname · 04/02/2019 13:04

never
That is what I thought.
I'm still waiting for some documents to be disclosed so will see what happens when they are.

chariots
So far the offers have been verbal through ACAS phone calls.
THe other side have not offered any legal support.
Yes, I have a solicitor who I pay as and when.

swing
Their own documents confirm that they broke the ACAS rules (one of their emails comment that lots of companies do it !)
My case is sound.
My insurers refused to cover me because my salary was less than the cost of a barrister for the day.
Their insurers are not covering them though ....

OP posts:
swingofthings · 04/02/2019 13:48

Breaking the acas rules dorsny forcibly mean they did something illegal.

I do hope you've sought professional advice as these cases are rarely won. I do wish you good luck though.

ChariotsofFish · 04/02/2019 13:56

What is your desired outcome from a tribunal? Are you hoping for more money or for them to apologise? Are you hoping to make yourself feel better? In lots of cases it would be better for your mental health to accept the offer and move on.

Original poster
Employmentquestionname · 04/02/2019 14:09

swingofthings
I do hope you've sought professional advice as these cases are rarely won.
Do you mean tribunals where the employer admits to not following the ACAS rules
or Tribunals in general?
I'm very aware that the only winners are the lawyers.

Chariots
A very fair question to which I still do not quite know the answer!

If they make an offer that covers the amount I'm out of pocket including my legal fees I'll probably take it.

On the other hand I really think that their actions should go into the public record - which would be the case if I pushed on through to the tribunal date. So I'm very torn at the moment.

Even if I take their cash I'll be crossing paths with them for years and years so "moving on" is not really an option.

My original question though was about the fact that they changed the reason for my dismissal, and the fact that they have not presented any evidence of attempting to comply with ACAS before I was dismissed .....
does case law show that to work in my favour or to have no impact?

OP posts:
flowery · 04/02/2019 15:05

Lack of clarity about reason for dismissal and failure to comply with Acas guidelines will help your case, yes, but your solicitor is best-placed to advise on the strength of your case as obviously he/she has all the details.

If your losses are 'ongoing' does that mean you haven't yet found work?

Original poster
Employmentquestionname · 04/02/2019 15:22

Hi Flowery
My solicitor thinks I have a good case.
Its just the stress and delay that gets very wearing.

The job was part time so I have increased my other work to try to make up the shortfall but I'm still massively out of pocket.
I've taken on an equivalent role but its unpaid
and nobody is offering jobs with the pension rights I used to get.
It might improve after Brexit and after the May elections but to get back to where I was will take probably another year.

OP posts:
HermioneWeasley · 04/02/2019 20:38

I don’t think anyone here can advise you. You have a solicitor and have to be guided by them.

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