Gross misconduct - Proof required - Help !

[Bigredbus]

Hi 'whodini 666',

 

You have all the 'good' cards up your sleeve... keep us informed...

 

Take care...

[honeybee13]

Good luck whodini. I hope you don't have to wait too long.

 

HB

[solidstate]

KICK THEIR A***S whodini666 and the best of luck to you and hope you win your case!

[Whodini666]

Hello all. Been a while but there has been some movement.

 

Tribunal 8.7.

 

Other side have admitted that I was wrongfully and unlawfully dismissed.

 

They still think I deserve no money though, as I could have got a position elsewhere straight away. This is presumably ignoring the fact that I was sacked for GM, no reference, and alleged that I had set up my own business and was poaching staff and clients.

 

Any experience of this sort of thing and advice?

[honeybee13]

Hello there, nice to hear how you're getting on, it has been a while, hasn't it?

 

I'm sure one of our legal seagulls will say more, but my reaction is 'they would say that, wouldn't they?'. Are you dealing with the other side's lawyers or your ex-employer?

 

From what I've seen of ETs on the forum, the hardball seems to start in the few weeks leading up to the ET in an attempt to get the appellant to give up.

 

HB x

[Sidewinder]

Here is how the award is calculated (Quick copy and paste from elsewhere)

 

Basic Unfair Dismissal Award

 

There are two main elements in the calculation of the basic unfair dismissal award. These are the employee's length of service at the effective date of termination and the employee's age at the time of dismissal.

 

For the purposes of calculation a maximum of £380 per week gross is allowed, and up to a maximum of 20 years' service. The calculation depends on the age of the employee and uses a multiplier:

• half a week's pay for each year of employment in which the employee is under the age of 22
  
• one week's pay for each year of employment in which the employee is below the age of 41 but not below the age of 22
  
• one and a half week's pay for each year of employment in which the employee was not below the age of 41
  

If the employee is aged between 64 to 65, then the basic award is reduced by one twelfth every month up to the 65th birthday when it becomes nil.

The Basic Award can be reduced if the employee refuses an offer of reinstatement (and it is held to have been unreasonably refused), if the employee is held to have contributed to his/her own dismissal by his/her conduct, and by any payments already made to the employee, for example, money in lieu of notice or redundancy payments.

 

Unfair Dismissal - Compensatory Award

 

This is capped at £65,300

 

The elements that make up the award are:

 

Loss of wages up to the date of the Tribunal hearing

This covers the period from the end of the notice period (or dismissal) to the date of the Tribunal hearing, less any earnings from new employment, or to the start date of a new job if higher paid.

 

 

Future Loss of Wages

As estimated by the Tribunal. If a new job has been found then this element is not included unless the employee's new employment pays less, in which case the Tribunal estimates this future loss. Most Tribunals will award between 6 and 12 months' future loss, although in some cases Tribunals can award significantly more.

 

Loss of Associated Benefits

Loss of car, health benefits, share options, pension loss, etc.

 

Loss of Employment Protection

Usually £250

 

Loss of pension rights /contributions

 

Expenses in seeking work

 

Case law has now established that there is no compensation payable for stress or injury to feelings in unfair dismissal claims.

 

Unfair Dismissal - Reduction in the Compensatory Award

 

The employee is under a duty to take reasonable steps to reduce his/her loss by gaining alternative employment as soon as possible. This is called "mitigation". Any failure to mitigate will limit loss of earnings awarded.

Any conduct on the part of the employee before the dismissal, which contributed to that dismissal, may lead to the compensation being reduced.

In any circumstances where the Tribunal considers it just and equitable to reduce the Compensatory Award, it may do so. This may sometimes be seen where the employer discovers after the dismissal that the employee was guilty of some serious misconduct other than that which he/she was dismissed for.

If the dismissal is held to be procedurally unfair, the Tribunal will ask itself the question whether this failure would ultimately have made any difference to the outcome. If not, then compensation will be limited to the period it would have taken for a proper procedure to take place before a fair dismissal could have occurred. This is commonly known as a "Polkey" reduction.

[Whodini666]

Hi HB nice to hear from you again.

 

Other side have big hitting legal practice. My legals dealing with them and not employer.

 

You are spot on, they like to play hardball.

[ms_smith]

Hello all. Been a while but there has been some movement.

 

Tribunal 8.7.

 

Other side have admitted that I was wrongfully and unlawfully dismissed.

 

They still think I deserve no money though, as I could have got a position elsewhere straight away. This is presumably ignoring the fact that I was sacked for GM, no reference, and alleged that I had set up my own business and was poaching staff and clients.

 

Any experience of this sort of thing and advice?

 

Hi,

 

Throw them a term "mental harassment".

You can start a civil court proceedings seeking compensation for that...

They will have to prove that you had set up your own business, with hard evidence, such as inland revenue statements and all...

It is too late to claim constr.dismissal for you but you are still on a winning position claiming unfair dismissal, I reckon. And defamation to a character?

[madisnanny]

Whodini, I know how you feel, I have now lodged for an employment tribunal as was sacked for also doing nothing wrong, but like yourself appeal was upheld. Mental harassment is what all this hassle gives you so i totally sympathise. How can employers sack for GM when you present them with evidence/proof that they are talking rubbish in order to 'get rid of you'? I cannot afford legal rep so am doing it myself. Good luck.

[honeybee13]

Hi Madisnanny, nice to hear from you. How is your case going?

 

HB x

Edited July 1, 2010 by honeybee13
mistyped OP's name, sorry!

[honeybee13]

Hi Whodini, sorry for the extraneous post to madisnanny, she's appeared on her own thread now.

 

HB x

[Bigredbus]

Hello all. Been a while but there has been some movement.

 

Tribunal 8.7.

 

Other side have admitted that I was wrongfully and unlawfully dismissed.

 

They still think I deserve no money though, as I could have got a position elsewhere straight away. This is presumably ignoring the fact that I was sacked for GM, no reference, and alleged that I had set up my own business and was poaching staff and clients.

 

Any experience of this sort of thing and advice?

 

[Morning 'honey bee'...]

 

Hi Whodini...

 

Did you prepare a schedule of loss?... and if yes, what did you include?

[Whodini666]

Well this whole sorry and long saga is due to be resolved. Tribunal tomorrow morning. Has been cancelled twice, but surely too late to happen again now. Wish me luck and will let you all know soon.

[honeybee13]

Whodini, nice to hear from you again. I was wondering how it was going for you. Fingers and toes crossed for tomorrow and please let us know how it goes, even if you have to be cryptic.

 

HB xxx

[madisnanny]

Best of luck and be strong, keep in touch.

X