Unfair dismissal claim - anyone done this? I’m nervous 😬

[nuke1]

Thinking I’m going to press send on a claim via ACAS for unfair dismal after my recent redundancy. Legal eyes say I have a good case. I’m nervous and stressed but either way I’m out of a job

Anyone got any experience of this?

thank you

Yes, DH was paid six month's wages as compensation, with ACAS support, when he was sacked for Gross Misconduct.

He'd done the thing he was accused of but it wasn't gross misconduct, and they hadn't followed their own policies or the law.

Don’t expect a huge payout. A friend recently got £6000 for maternity discrimination.

Hit send. It will take a couple of years to come to court, and employer may well offer you a settlement agreement to drop your claim before then.

I know someone who did for being treated badly once she told them she was pregnant, settled on £20k before it got to court

I think employers should be held to account so would hit send

References I've had to give lately have been "did the person work at your organisation?" not a chance to rant about gripes.

So today’s vibe is I’m not doing it- in order to move on I just need to drop it, stop talking about it and just do this job until it and then move on. This process is going to bring me tons of stress and I need to find my happy place again. The raging need for justice is making me a basket case. I need peace in my life and my head. So thanks for your comments really appreciate the view points- but I think I’ve got to drop it and start enjoying life again instead of hiding under a blanket of depression and rage.

You say 'legal eyes', is that a friend or ACAS?
You'd be much better speaking to a proper lawyer, either pay for one yourself or through a union if you are in one.
ACAS advisors are NOT lawyers, they just say what the criteria for a claim is.

Have you consulted an employment lawyer or just spoken to ACAS? What you say about meaningful consultation being a reason it’s unfair is not strong.

I was made redundant at the start of the pandemic and I had very strong evidence that the selection process was unfair. I consulted a lawyer, it cost me nearly a grand and he still said my chances of succeeding at tribunal were only 50/50. Bearing in mind what his further services would have cost, plus the fact it would only have been worth a couple more months salary if I’d won, I decided not to pursue. There’s a lot to be said for moving on for your own best interests. Unless there is a really egregious act relating to a protected characteristic it’s unlikely any payout will be life changing or even worth the stress.

Hi there
I was. You have 3 months for filling the claim in the employment tribunal. Also, gather all your evidence and create a timeline connecting the dots and evidence. I guess your solicitor already asked for it

And yet references I’ve been asked to complete lately go far beyond this and ask about aptitude, attitude, skills etc, including the killer ‘would you re-employ this person?’. OP will know her industry and whether it’s likely to be closer to my experience or yours.

They can ask, and often do, but it’s your company’s policies which determine what information is passed on. These days most private sector companies steer clear of anything more than confirming employment dates.

Hi OP its a really difficult decision and I wouldnt blame you for not pursuing it but the unfairness of it would make me rage and stick in my throat.
Are you a member of a union? If so they will have solicitors you can use free of charge or you may have legal.protection insurance that would cover it?
I dont think employers should be able to get away with it , you can bet your life they are banking on people putting up and shutting up due to stress of bringing a case , expense, limited compensation and worry about references.
I would see advise from.an employment solicitor before making a final decision.
And id also be looking for another job sharpish its almost insulting getting you back on a 3 month contract to cover someone else. But bills need paying....

Unless you're in any of a large number of regulated industries, where a full reference is a legal obligation.