Assistance with an unfair dismissal please

[DSM]

I have posted this before, and was going to update, but I can't find the thread? Odd..

Basically, I am helping out a friend who was dismissed from her job.
She was sacked without notice, and for no good reason and given only a weeks pay.

She sought advice, and on that advice appealed the dismissal. She has now been offered a months salary, if she signs a declaration promising not to take it any further.

Now, at first obviously I, and everyone else told her not to, and to pursue the case.

However, we have since found out that her previous employer has been building a case against her. Statements on her apparent lack of ability, and statements of 'mistakes' she had made. All of them (and I have read two of the statements) are ridiculous, things like basic, irrelevant errors that were made by many people (such as leaving light switches on. I am talking pathetic reasons.)

She really wants to know if this is worth pursuing, or if she should take the months salary and be done with it.

Not sure about this myself, my knowledge on the subject has been long exhausted so I thought I could ask here for some more informed opinion.

Would she be dragged through tribunals with people slating her every ability? Would she be given a chance to defend herself, and would this be to her former employer, or an independent person? Would she be likely to end up with nothing?

Any help at all would be greatly appreciated. She is a mum too and has already had to cancel her holiday this year

Sorry - should add, there are two things that she did do that were never mentioned in her meeting when she was sacked - both wrong and probably would be disciplinary issues, however she was not the only one to do it, it was common practice amongst managers.

She does admit that she did it more than others, but the manager who sacked her was unaware of it at the time of her sacking.

I assume she has more than a year's service, is that right? Otherwise she can't claim unfair dismissal anyway.

The most straightforward way to claim unfair dismissal, with the highest chance of success, is when making a claim based on the lack of a fair procedure. Failure to follow a legal procedure is relatively easy to prove and is much more objective. At the moment, until 6 April this year, there is a statutory minimum dismissal procedure that must be followed, otherwise dismissal is automatically unfair.

If she was sacked without reason, then the possible reasons they could have used aren't relevant. She would be claiming unfair dismissal based on what happened, not what could have happened. They've already sacked her, so them building a case for sacking her now is too late, it's done, and has been done unfairly.

She should not accept a month's pay - presumably that's only her notice anyway, or not much more? I would suggest she writes back refusing their offer and stating that she intends to bring a claim for unfair dismissal to the Employment Tribunal on the basis that they did not follow the statutory dismissal procedure and as such the dismissal is automatically unfair.

The fact that they are collating evidence doesn't matter now, and won't matter in a claim of unfair dismissal because of failure to follow statutory procedure. However it does indicate that they want to get rid of your friend. It might mean they will up their offer if she refuses this one, or it might mean they retract her dismissal and reinstate her, then dismiss her further down the line 'properly'.

Thank you.

Yes, she had been there over a year.

So, what would a claim for unfair dismissal normally result in? Would she get more money?

Should she write back and say 'thank you for the offer, but in order to agree not to pursue the case I would like £5000' or some such?

Unfair dismissal compensation is based on financial loss incurred, which would basically be loss of earnings and notice pay. She would be expected to 'mitigate her loss' by actively seeking alternative employment, but if she hasn't found employment by the time any compensation is awarded, a view would be taken as to how long it would be likely to take her, given all the circumstances involved.

I would suggest she sees a solicitor to explain all the circumstances properly, and get them to write a letter to the employer refusing the offer and making an appropriate counter-offer if she wishes to do so.

Unfortunately, the solicitors we rang were all very expensive, like £160 an hour and such.

She has literally got nothing in her bank account, and I am currently funding her living expenses.

So, she really can't afford a solicitor.

Is there a letter she could compose herself, or does it really have to be done by a legal professional?

How much should she really be requesting? Say, £1000 for a months loss of earnings, but can she claim from them for the loss of tax credits and things she has had to stop as she is not longer earning? I mean, is that reasonable?

It's more than a month's loss of earnings, as presumably she hasn't got a job yet? Which means at the moment it's indefinite loss of earnings. I don't know how long it is likely to take her to get a job, but asking for an amount to reflect how long it is likely to take her isn't unreasonable. She could ask for six months' pay, for example, ballpark?

She could write a letter herself however she she is unlikely to get nearly as much as if a professional writes it for her.

if they refuse she can fairly easily complete a form bringing a claim for unfair dismissal to the Employment Tribunal. Again it's obviously better to get a solicitor to do this, but on the grounds that it is very very clear the basic procedure wasn't followed, it wouldn't be too difficult for her to do herself.

Thank you so much for your help.

I shall advise her to get someone to help her write a letter asking for more, possibly the CAB?

Yes, the CAB is a good starting point. They may be able to help her draft a letter.

Thank you flowery, and my friend would also like to me pass on her sincere thanks for your help.

no problem hope she gets something sorted quickly.