Fair enough. In that case, it sounds to me like you might have a strong claim as you have enough service to claim unfair dismissal and it doesn't sound like they have followed any sort of procedure before dismissing you.

Of course you would need to assess whether the amount you are claiming is realistic in light of the requirement to mitigate any loss of wages claimed for unfair dismissal by trying to find a new job as soon as reasonably possible. That is impossible to comment on without knowing details such as what you are asking for and how long it took to find a new job.

I found a job within 5 weeks.. Despite them them telling a colleague that they would make sure I never worked again because they'd put my name on an "employers blacklist"!!! I work 12 hours a week less now.. so that's the bulk of the claim.

They didn't follow any procedure whatsoever.. I wrote 2 letters of appeal even though they didn't give me any avenue to appeal. One for the written warning and one for the dismissal.

They didn't reply to either of them.

Ah. If you are claiming for the 12 hour difference, that part of the claim is a bit more controversial. They may well try to argue that you should have kept searching for a job with similar hours or taken another part time job on top. Although a claim for notice pay, loss of wages until finding a new job and basic award for unfair dismissal sounds fairly solid. 1/5th does sound a bit low.

I agree with the points made by Steampowered and I believe you have a very strong case for unfair dismissal.

I always advice people to speak to as many professionals as possible.

Go to the CAB and see what they say. They will be able to look at any documents you might have.

Also try some of those no win no fees employment lawyers. (you don't have to use them)

See what they say.

Like most lawyers they give a free telephone or 30mins consultation to look at the strength of your case.

You really don't have to use them.

But they will give you deeper insight and leave you with one or two little tips.

All the best

I agree with the points made by Steampowered and I believe you have a very strong case for unfair dismissal.

 

I always advice people to speak to as many professionals as possible.

 

Go to the CAB and see what they say. They will be able to look at any documents you might have.

 

Also try some of those no win no fees employment lawyers. (you don't have to use them)

 

See what they say.

 

Like most lawyers they give a free telephone or 30mins consultation to look at the strength of your case.

 

You really don't have to use them.

 

But they will give you deeper insight and leave you with one or two little tips.

 

All the best

I really hate this type of advice.

Lawyers are working professionals with very strict fee targets to meet (targets which can't be met if free advice is given out willy nilly). We already invest enough free time in genuine clients so it's massively unfair to approach a lawyer for free advice if you have no intention of instructing them.

Thank you all for your advice.

The case is already listed for hearing at the tribunal for a months time. I have support from my Union but this is the second offer they have made to me.

The union also think I have a very solid case but they are asking me what is the minimum I would accept to settle but I really don't know what a fair amount would be.

I have no worries about attending the tribunal at all and I am prepared for that eventuality .., in fact I am debating with myself whether to withdraw from these negotiations completely and just wait for judgement day ...

If you've got a month until the Tribunal, it is probably be worth holding out for more. Cases often settle at the last moment. Feel free to put in a relatively high figure as to what you might be prepared to settle for (e.g. 75%) and negotiate down from there is necessary.

Hmm.. Good idea steampowered.. I think I will wait and see if they make another offer and then counter from there.. Thank you

If you want them to make another offer, you should write back telling them that you are willing to consider settling your claim but their current offer is much too low ... otherwise they will not make a new offer because they will mistakenly believe you are still thinking about their latest offer.

Hi Steampowered.. The union have already refused it on my instruction. Exchange of witness statements on Friday. Might make a difference then to what they are prepared to offer.

I really hate this type of advice.

 

Lawyers are working professionals with very strict fee targets to meet (targets which can't be met if free advice is given out willy nilly). We already invest enough free time in genuine clients so it's massively unfair to approach a lawyer for free advice if you have no intention of instructing them.

Hi becky 2585,

Most lawyers I know love giving out free tips and advice.

Some even take time out to help out at the CAB or other similar places.

A good example is you, who has taken time out, on numerous occasion, to give out free and, I must add, very GOOD advice.

When I have had the opportunity of face to face free advice, you could see the glint in the eyes of the lawyers whenever they are giving a free tip.

Which tells me they enjoy it.

Anyway my best example is you.

I must add that you have been giving out wonderful advice for a long time and I always love it when you comment the the questions I have posted.

1) it gives me an idea of what a lawyer is thinking but most importantly it gives me an idea of what the Judge is thinking (as they are first lawyers before becoming Judges).

So I think, based on my submissions above, that it would be a good idea for the op to speak to as many people as possible.

Finally there are law firms that specialises in cases where an offer has been received

They help you calculate the true value of your claim and help in the negotiations.

Best of all the other side pays for their cost. it is worth taking a look at that.

Like I said earlier you don't have to use them.

a lot of what they will pay will be about how much of the costs they think they will have to bear. If they make an offer of say 50% of the total claim (inc costs) and the end award is less than this combined amount you then get penalised by the system to the tune of the difference of the amount BUT you also have to bear some of their costs. get an award of 1p more than their offer and they pay all of the costs involved so inshort they are gambling with a loaded dice where they can only win if the result varies from outrigh victory to you.

Speak to your team and see what they say as a lot of the employers costs havent been created yet and wont until the day of the tribunal so they may well settle for an amount very close to what you claim as long as your costs are something they can swallow.

I would bet a confidentiality clause will be part of the package

Hi becky 2585,

 

Most lawyers I know love giving out free tips and advice.

 

Some even take time out to help out at the CAB or other similar places.

 

A good example is you, who has taken time out, on numerous occasion, to give out free and, I must add, very GOOD advice.

 

When I have had the opportunity of face to face free advice, you could see the glint in the eyes of the lawyers whenever they are giving a free tip.

 

Which tells me they enjoy it.

 

Anyway my best example is you.

 

I must add that you have been giving out wonderful advice for a long time and I always love it when you comment the the questions I have posted.

 

1) it gives me an idea of what a lawyer is thinking but most importantly it gives me an idea of what the Judge is thinking (as they are first lawyers before becoming Judges).

 

So I think, based on my submissions above, that it would be a good idea for the op to speak to as many people as possible.

 

Finally there are law firms that specialises in cases where an offer has been received

 

They help you calculate the true value of your claim and help in the negotiations.

 

Best of all the other side pays for their cost. it is worth taking a look at that.

 

Like I said earlier you don't have to use them.

That's an interesting view and puts a new spin on it.

I do pro bono work for clients who genuinely need it. I also advise here in my free time. And I am passionate about the law so yes, it's nice to give out free advice and you are right in that respect. However, I do dislike the deceit involved with some people who expect things for free. Law firms are businesses at the end of the day and if we spend all our time giving out free advice, we wouldn't hit our fee targets and would find ourselves out of a job!

I don't do free consultations anymore as I haven't had a single paying client out of them. Years of experience tells me that people who ask for free consultations aren't serious about bringing a claim and even if they are, they don't have the financial means to pay for legal advice, so it's a waste of my time. On that basis Id rather keep my free advice out of work so I can volunteer who I give it to.

Anyway, sorry for the thread hijack.

Hi

Case is now settled and I am very happy with the outcome.

Thank you all for your help and advice.. It's been much appreciated.

Well done, I am pleased for you. I'll update the thread title

Congrats