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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:
courtshoe · 12/11/2021 21:21

I think it's unlikely you have a case as you have been there less than two years. What was the protected characteristic that you allege you were discriminated against? Sex, race, age ????
What was the reason they gave for your dismissal?

Lougle · 12/11/2021 21:25

So you have been dismissed, and you think you have been dismissed because of a protected characteristic? Do you have any evidence that this is the case?

Mia400000 · 12/11/2021 23:20

Do you have any evidence that the reason you were dismissed was because of a protected characteristic?

If not you've got no chance.

daisychain01 · 13/11/2021 04:24

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

OP you're clutching at straws on this one. By the sounds of it you already realise that!

You can't just say well I cant claim for x (because I haven't met the qualifying employment period) so I'll just scrabble around and try to find something else to do them for. It doesn't work like that. Even a no-win-no-fee solicitor will want to know they stand a reasonable chance of putting a robust case through the court, otherwise they won't even take your case on, as it could be deemed to be a vexatious claim that's wasting court time,

If it's a discrimination claim, you will need to have already taken a grievance through the former employer's process, giving information about the nature of the discrimination, when it happened, how many times (once or repeatedly, eg in the case of refusing to put a Reasonable Adjustment in place) and what your employer's response was to their misdemeanour after you had formalised your grievance. If the first time your employer gets to know you're throwing the book at them is when they receive the ET1 (Claimant's case information form) it will really weaken your case, because they will just submit on their ET3 response "oh, if only our employee had highlighted the problem at the time, we would have done everything possible to rectify the situation".... they will have a solicitor into it, you can bet that much. By then your bridges are well and truly burned.

Greatstufff · 14/11/2021 01:53

@daisychain01 I have something strong which i have raised prior so this was an unnecessary assumption.

I also dont need to explain what it was, my question was pretty clear

OP posts:
daisychain01 · 14/11/2021 17:36

OK I misunderstood your case apologies. The claim you can put forward needs to be an arithmetical calculation of the loss of your job, which you need to state clearly you were forced out of rather than you resigning out of choice to which you could potentially claim a further amount if you argue you are at a disadvantage due to various factors for example your age, your home location, your specialist skills that could be difficult to secure employment elsewhere (so you could state it will take you up to a year to find a new job), plus the compensatory element of discrimination "injury to feelings".

Here is advice from Citizens Advice which is a validated source of information, on how to calculate that element of your claim

www.citizensadvice.org.uk/work/problems-at-work/employment-tribunals-from-29-july-2013/employment-tribunals-valuing-a-claim/compensation-for-discrimination/employment-tribunals-discrimination-calculating-compensation-for-injury-to-feelings/

daisychain01 · 14/11/2021 17:40

In short, there are variables that are impossible to calculate on here because we don't have the specific numbers, the court will need you to show your workings-out, ie what you are claiming for and what was the logic behind which you made the calculation.

You are right to be worried about plucking numbers out of thin air, but the reality is we can only give broadbrush principles rather than specifics. You are strongly advised to seek RW advice from a solicitor, so you go in with as strong and as logical a case as you can pull together with the support of a solicitor.

amazeandastonish · 14/11/2021 21:24

I hope you're not claiming discrimination just to get revenge. I hope you have genuine evidence of discrimination, not just a suspicion and a genuine protected characteristic that your employer knew of or "could reasonably be expected to know" - that's key. If you didn't tell them or it wasn't bloody obvious, that weakens your argument.

You can also claim for them not meeting their statutory obligations, regardless of duration of employment. So things like not paying notice or not giving you a contract.

Financially, you can ask for compensation that totals your notice period / time you think it will take to get another job.

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