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Re-instaed after procedural error


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Some of you may remember I was dismissed from my employer after a false accusation being made against me.

 

I was told yesterday my appeal was successful due to a number of "procedural flaws" in the investigation and the original accuser was caught out.

 

I explained to my appeals manager I would be able to start back on Monday to allow time to arrange child care again and he said that was ok.

 

My own manager has called me today and asked why I was not in work today and if I will be in tomorrow (I spoke to him yesterday and told him it was Monday - he also was fine with that)

 

He is now saying that my back dated wages will not include today or tomorrow because I have already been re-instated.

Surely given the circumstances, they can't expect me just to drop everything with regards to looking after my child.

They are the ones that caused me to be in this situation.

 

Can they legally retain the 2 days money I am due?

 

Remember....they are the ones who made the error of wrongfully dismissing me.

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It depends...

 

Were you informed yesterday that you were reinstated with immediate effect and was this before yesterday's shift was due to begin?

 

If so, I believe that they can lawfully not pay you for these two days absence.

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They advised me I was being re-instated after my shift that day had begun.

 

I could not return the next day or the day after because I had no one to look after my daughter at such short notice.

 

The regular carer had went on holiday after I was dismissed and as such told them it would be fine.

 

Bearing in mind it was established at my appeal hearing that I was wrongfully dismissed.

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What the appeal found isn't relevant. You were reinstated and that means that your contract continued just as if it had never been terminated. On this basis you were entitled to be paid for those days when you were prevented from attending work as a result of your employers actions - but from the moment of reinstatement, if you were preented from attending for personal reasons, you weren't entitled to be paid for time that you did not reprt for work. Morally you may have an argument - legally you don't.

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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Those two days could be reagrded as time taken for "holiday" so although you lsoe 2 dasy holiday, they should still pay you as reinstatement means as if you never left. Hopefully they have paid out holiday pay when you were dismissed. Even so the two days could be for the new period of employment.

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