sacked for gross misconduct

[madisnanny]

Hi all, my former employer has failed to respond within the 28 days to the ET! Does this help me? Does it show that they know they have no proof that I did the alleged gross misconduct? What happens now? My ACAS conciliator is on leave until 9th Aug, I have only spoken to him once when he called to say that he left a message for the employer to contact him and at that time they had not bothered. Frustrated!!

[honeybee13]

Hello there, how are you? I'm not an ET expert as you know, but I think failing to respond within the time limit will count against them.

 

Have you talked to the tribunals office that you're dealing with?

 

HB x

[madisnanny]

Hi HB, not been well at all, been in hospital with blood clot on my lung. Think all the stress has caught up with me. Working for agency but off sick at the moment. Hope you are all well.

[honeybee13]

Poor you. I hope you feel better soon. Just take care of yourself, that's the priority.

 

HB x

[Bigredbus]

Hi all, my former employer has failed to respond within the 28 days to the ET! Does this help me? Does it show that they know they have no proof that I did the alleged gross misconduct? What happens now? My ACAS conciliator is on leave until 9th Aug, I have only spoken to him once when he called to say that he left a message for the employer to contact him and at that time they had not bothered. Frustrated!!

 

Hi,

 

In essence, if no response is entered or it is out of time, a judge shall issue a default judgement (Regulation 4(7) of the 2008 Regulations).

 

In case of late response, an extension of time must be entered within the 28 days...

Edited July 28, 2010 by Bigredbus

[madisnanny]

Hello all, Company has responded to ET date for hearing is November. There solicitor has made me 2 offers (stupid amounts) to settle and I have declined both of them. Do you agree that this is a good start?

 

Is there normally a good amount to request or do we just 'wing it'. My case is strong so maybe I should just go to court. Does anyone know about settlements?

 

Many thanks for all your help.

[mariefab]

There solicitor has made me 2 offers (stupid amounts) to settle and I have declined both of them. Do you agree that this is a good start?

It certainly is!

It's pretty unusual to receive any kind of settlement offer at this early stage.

 

You could work out the amount of compensation that you would be likely to be awarded by a Tribunal from the information posted by BRB at post #50.

You are under no obligation to respond to the solicitors with a counter settlement figure.

Don't be disheartened if ACAS encourage you to settle for what you consider to be a low figure. From the date on which your ET1 is accepted, the role of ACAS is to act as a go-between to prevent the case progressing to a Tribunal hearing. So, they will play down the strength of your case to you and point out how strong your case is to your employers representatives.

[honeybee13]

Hi Madisnanny. From what I've read on the forum about ETs, I'd say that's a good sign. They're sort of tacitly accepting you have a claim, and it's only the amount you're arguing over, it seems to me.

 

Stick with it, I really think the offers will go up. Do what Mariefab says though, and work out your target compensation.

 

HB x

[madisnanny]

Hello again, this is what I had thought many thanks and yes ACAS have been kind of playing down my case. I will agree to settle for the amount that I have worked out from above minus what I have earned.

ACAS did point out to the solicitor that I could not have send the alleged email which clearly she looked at more closely and had to agree. I will give them my figure for them to work towards, it would be good to settle as I feel that I cannot put this behind me and I need to move on.

x

[madisnanny]

Wow!! GREAT NEWS.....I gave a figure and it was accepted, so all done.

 

Could not have done this without your support.

 

Love and regards

 

XX

[mariefab]

Well done!

[honeybee13]

Ace, well done you and the caggers who helped. I hope you're going to stick around and maybe help other people who have problems.

 

And now you have your life back!

 

HB x

[locutus]

Excelent news! So glad things worked out well!

[honeybee13]

Hi Locutus. I should have mentioned how helpful you IT forum guys were. Thank you.

 

HB

[locutus]

Thank you HB for those kind words. I feel my technical knowledge was not really needed, griffzilla and Tezcatlipoca both raised the important questions that needed to be asked, and when the OP pointed out that the IT department were asking the user to change IP addresses it pointed toward a really incompetent IT team. I feel the company have obviously seen the merit of madisnanny's claim against them and knew they were on very unstable ground. I also think if anyone has been lucky in this case it is the company who madisnanny has been very reasonable with! I hope they read this and learn from their mistake. I'd also think if they were reasonable that they should apologize!

 

I'd be tempted to get a reference from them aswell, just to see what they'd write! (but I love stirring things )