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Acas outcomes? What can i do

33 replies

Greatstufff · 09/11/2021 13:53

Has anyone got experience of working with Acas?

I have been unfairly dismissed, however, I've not been there for 2 years so i am going down other routes as opposed to "unfair dismissal"

I certainly do not want my job back, but in terms of what else I can claim for, does anyone know what I could ask for? For e,g financial compensation and how much? Anything else?

Under-stably they do not freely provide this info as i am sure most people would go for the harshest option available.

Any info would be greatly appreciated :)

Thank you

OP posts:
Ohgodwotnow · 09/11/2021 13:55

I'm not sure you can do anything unless you have been discriminated against for a protected characteristic? Perhaps someone can advise if you say what happened.

Bluntness100 · 09/11/2021 13:55

I think you need to provide more info, why were you not there for two years, what were you dismissed for and when in the two year cycle did it occur, what process did they follow.

catlady1234 · 09/11/2021 14:01

Under 2 years you don't have any employment rights and can't claim fit unfair dismissal unless it's discrimination.
Obviously a company should follow their own dismissal procedures, but they are not legally bound to.

Greatstufff · 09/11/2021 14:28

Yes its due to discrimination, but i'm really more interested in what can be done about it. Acas have asked what I intend to get out of this, but thats just it I don't know. What is the standard sort of "justice" from claims like these.

OP posts:
Wtfdoipick · 09/11/2021 14:31

If its discrimination due to a protected characteristic then the correct procedure is unfair dismissal. You don't need 2 years employment in that situation.

Ohgodwotnow · 09/11/2021 14:31

Well what do you want to get out of it? You've said you don't want your job back. What was the discrimination?

flowery · 09/11/2021 14:33

If you're bringing a discrimination claim, part of the process would be to detail how much compensation you are looking for. Unfair dismissal compensation is based on actual financial losses, and discrimination would usually add an 'injury to feelings' amount, based on the seriousness involved and the impact.

I'm interested in what you mean by 'other routes' other than unfair dismissal. If you were dismissed for a discriminatory reason, the usual route would be to claim unfair dismissal (because if the dismissal was for a discriminatory reason the two years doesn't matter) and discrimination on the basis of whatever protected characteristic is relevant.

Greatstufff · 09/11/2021 15:30

@Ohgodwotnow Well that's what i am asking, what are the possible outcomes? Then I can know what i'm going in for.

Yes i want financial compensation and justice, but what is available for me to claim for? For example financially how do you know how much to ask for?

It all feels very much like I'm plucking things out of thin air so i need a bit of guidance

OP posts:
ftw163532 · 09/11/2021 15:34

For example financially how do you know how much to ask for?

How much have you lost financially?

KittenCatcher · 09/11/2021 15:39

Like pp say, did you lose financially. What justice do you want, was it proven to be discriminatory. Have they admitted discrimination and apologised.

Greatstufff · 09/11/2021 15:52

@ftw163532 That's the bit i cant understand, well I'm out of a job so i have lost my income. Until i find another job.

Technically if we go by the 2 week notice im out of pocket a week this month.

OP posts:
KittenCatcher · 09/11/2021 15:57

Are they expecting you to work 2 weeks notice.

Ohgodwotnow · 09/11/2021 15:57

What reason did they give to fire you?

Greatstufff · 09/11/2021 16:07

@KittenCatcher no

OP posts:
KittenCatcher · 09/11/2021 16:30

Have they paid you 2 weeks in lieu of notice

ThedaBara · 09/11/2021 17:18

You could go and speak to one of those now win no fee solicitors (like Leigh day) they usually do a consultation for free and might give you an idea of whether you have strong claim. Then they'd send a letter to your employer to try and scare them into paying out without going to a tribunal. If that doesn't work, the solicitor would usually drop you as going to a tribunal is a lot of work and takes years. Beyond that there isn't really anything.
A lot would depend on how and why they actually dismissed you. Sorry Acas isn't being helpful

anniegun · 09/11/2021 17:26

Ask for compensation for your anticipated lost earnings whilst you find another job. Be aware that Acas are a mediation service and will just pass on your suggestion to your employer. If you want someone to fight your case then you will have to find a solicitor (and that is likely to be expensive.). You home insurance may have cover for legal expenses but they will usually only cover you if your case is judged as likely to succeed

cloudtree · 09/11/2021 17:30

What type of discrimination and what happened? Is it sex discrimination? Race? Disability? Without further information it isn’t possible to advise you.

Ted27 · 09/11/2021 17:45

If you google remedy for unfair dismissal you will find plenty of information
In brief there are two types of financial compensation
Basic - based on age, length of service and your salary and Compensation
Both have caps on total amount.
As PP have said Acas is a mediation service. If you want compensation you will need an Employent Tribunal to hear your case

Bluntness100 · 09/11/2021 17:46

Sorry I misunderstood, can you explain further on thr discrimination?

Without details it’s very hard to say if you have a case.

Bluntness100 · 09/11/2021 17:48

@Ted27

If you google remedy for unfair dismissal you will find plenty of information In brief there are two types of financial compensation Basic - based on age, length of service and your salary and Compensation Both have caps on total amount. As PP have said Acas is a mediation service. If you want compensation you will need an Employent Tribunal to hear your case
And it depends if she wins her case.
Unreasonabubble · 09/11/2021 18:06

How do you feel they discriminated you?

flowery · 09/11/2021 18:18

It really is completely impossible to give any idea of the level of compensation you could seek without at least a bit of detail about what they actually did.

VodselForDinner · 09/11/2021 19:48

I’m not in the UK so not familiar with ACAS but had always thought they were an advisory/conciliatory service, and don’t actually manage claims?

OP, there’s lots of very useful advice, and very competent advisors, on here, but you’re giving zero information that will allow people to help you.

Maybe you should contact an employment solicitor? I often find that people really only appreciate free advice when they’ve opted to pay for a service instead.

cloudtree · 10/11/2021 07:13

You have no claim for unfair dismissal. You don’t have two years’ service. The only way you could bring an unfair dismissal claim would be if it is one of a very few special circumstances cases where it could amount to automatically unfair dismissal. Nothing you’ve said indicates this.

You may have a claim for discrimination but you’ve given us no information to advise. Discrimination doesn’t just mean you’ve been treated differently, it’s about having a protected characteristic and being treated differently and to your detriment because of that.
There are strict time limits for bringing a claim. Once these have passed you will have great difficulty getting a penny. Acas have no authority whatsoever, they simple try to help the parties agree to a settlement. You could say you want any figure and ACAS will pass it on but that doesn’t mean the other side will take any notice.

Very serious cases eg severe sexual assaults etc can get tens of thousands of pounds. “I think it’s because I’m a woman” cases are highly unlikely to succeed without very strong evidence and often get very little.

I’m an employment solicitor and others on here are also senior hr people but youre giving us nothing to work on without saying how you’ve been discriminated against.

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