Unfairly dismissed (due to employers son)

[moggy491]

Hi

All im in the process of claiming unfair dismissal and i have a tribunal date for the 12th dec.

i now have to....set out in writing a remedy the tribunal is being asked to award.

 

Now i don't want my job back but being a single mum of 3 children i feel i would find it impossible to get another job to suite within the foreseeable future.

im just really seeking advise on WHAT i should claim for financially ? do i put that i have still 30 years of employment left and ask for 30 years wages? i really don't know. also debts that ive taken on whilst employed that i cannot now pay?

 

Please advise me as i only have 2 weeks to respond. i have been to the CaB today who couldn't advise me and also to my local advise centre who said the same. i just don't want to look cheeky by claiming for loads.

 

thanks in advance

[lbruk]

Hi,

 

even though you think you may have 30 years of non-employment ahead of you - I can pretty much say that the tribunal will disagree. For a start once your children turn 18 you would be able to get a "full time" position. Also it is conceivable that you would be able to get a part-time position while your children are at school (when this happens) . However I would assume that there may be a difference in pay from the position you have to that role.

 

Have you applied for roles and have evidence that you could not take those roles? As the tribunal will again take this into account.

 

As for what you should claim.

 

Past Loss of earnings, from the termination date to the tribunal date, in weeks.

Any pension and notice provisions that you didn't receive or don't receive any more.

 

Future loss of earnings. Normally the tribunal would look to award 6 months. In certain cases it is more.

 

So for a schedule of loss i would work out the weekly amount you have lost, and potentially put in that you would be guided by the decision of the tribunal. Its very difficult to work out how many weeks you will loose. But I would potentially put 1 year, as the Schedule of Loss is really for settling outside of the tribunal. The judge will make up their own mind if you go to tribunal.

[becky2585]

You have to prove you've mitigated your loss, but 26 weeks, or up to the hearing date (if longer) is normal.

 

You could try for a year if there are additional circumstances which make finding alternative employment difficult though, for example a requirement that you can only do part time work due to being a single parent.

[moggy491]

My main argument is that im a single mum of 3 and can really only work between 10.00 / 14.00 as my youngest needs taking and fetching to nursery.

Is past and future loss all i can claim? as compensation after being treated so bad for the best part of a year and then sacked with no reason just my P45 in the post, never had any warnings only 1 day off sick in 2 and a half years and never late.

 

Also early hours of this morning my ex boss's son (hes a taxi driver) was sat in the garages straight facing my house blasting his music and flashing his headlights through my windows. It is this idiots fault that all this has happened.

[altobelli]

Can I ask what happened that caused you to lose your job? What was the background to your dismissal and what were the reasons given (if any)?

 

The boss's son's behaviour is sounding a bit like harassment to me. How long did he stay outsde your house for?

[altobelli]

and sorry, how long were you in the position for?

[moggy491]

I worked in a cafe for 2 and a half years. in december the boss,s son (who isnt an employee nor has anything to do with the business) i caught him going through my phone and he didnt like like what he read (i was telling a friend that i didnt like him in a text) i took this up with my boss who said and did nothing, after that he basically didnt speak to me again which was fine by me. a few weeks later he was arrested for growing cannabis in the flat above the cafe and of coarse who did he blame for "grassing him up" me so did his mum (the boss)

Anyway after that every day he would come in and sit there digging at me saying things out loud in front of customers like "we know what happens to snakes" and silly snide comments like that. So i had it out with the boss and assured her that i didnt and wouldnt do that and it wasnt me, she said she beleived me and it was left at that by her anyway. Her son continued day in day out for 8 months.

 

In june i went on holiday for a fortnight now when i went i worked weds,thurs,fri,sat week in week out. But on my return i had been cut to thurs,fri,sat so i asked why and was told that i would get my wends back next week but it didnt happen, i also noticed on my return that a notice was put up regarding acrylic nails which has never been an issue before so again i took it up with my boss who denied even knowing who had put the sign up but stated i had to have them taken off, so i said thats fine but nothings being said about the girls working in flip flops and no hairnets?

Also my brother has been into the cafe recently and one of the girls has acrylic nails lol.

 

My hours were 24 per week when my employment started and that is what i was contracted to do unless we both agreed otherwise and with plenty of notice however my boss then proceeded to cut my hours to 14 per week with no option and no notice.

 

her reason for this was because she had been “grassed up to the tax”

 

Not only was she in my opinion insinuating it was me that had “grassed her up” (and I come to this conclusion because she actually gave two other employees more hours taking them to 38hours a week).

 

I feel she also did this knowing i couldnt live on 14 hours and therefore i would have to leave.

 

I rang acas on the 24th of aug regarding this and they told me to resign with imediate effect so i did and dated the letter the 28th of aug nd sent it in, however that same day my p45 came through the post dated the 24th which was the last day i worked.

and on the 25th she got one of the girls to ring me to say she (the boss) told her to ring to say she hadnt sacked me?

May i also mention that she puts different hours down on the girls wage slips to what they actually work so as to fiddle tax (that is what she meant by being grassed up to the tax)

 

her son was in the garges for a few minutes and didnt pick up or drop off my street is say 200 meters long he drove to the botom also and turned back around and drove past again twice.

 

She is a very sly woman and causes alot of annimosity at work she doesnt like everybody getting on. she has even before asked me to find out if one of the girls was having an affair. and to find out how one of the other girls can afford a £120.000 mortgage on a 2 day a week job and her partner not working.

[altobelli]

Thanks for the further information.

 

Did you say on the 24th that you were going to resign, or do you know why they sent the P45 to you? Was there any accompanying letter?

[moggy491]

no accompanying letter and no i didn't say i was resigning as i didn't make that decision until advised to do so by acas on the 28th. i also sent a letter the same day 28th asking for answers to why i recieved the P45 but still no answer to this day.

[moggy491]

Also i have very good imformation that my boss has now gone and got a solicitor and has told the other staff that he will be coming in to take statements from them all is this the correct proceedure and can i request copies of those such statements?

[altobelli]

Thanks for clarifying. So you received a P45 with no warning and no prior indication? Did you send two letters on 28th - a resignation and a request for explanation about the P45? Also, when did you speak to ACAS - 24th or 28th? After 24th, what would have been your next day at work.

 

Sorry for the questions, I'm just trying to establish whether you were dismissed or resigned. It sounds from what I can make out that your employer didn't dismiss you and that it was a resignation, although I can't understand how they knew to send you a P45. Do you think they're likely to say that you resigned on 24th?

 

If it is treated as a resignation, that doesn't prevent you claiming, but it would be a constructive dismissal claim, and your focus would be on showing that there was a fundamental breach of contract by your boss which made it impossible for you to stay. You can also cite the advice you received from ACAS.

 

Damages should reflect the time it is likely to take for you to find another job, perhaps six months. Also, you can claim for earnings from end of employment to date, and any associated benefits, e.g. pensions.

[moggy491]

i received the p45 with no prior warning no, yes i sent 2 letters on the 28th a resignation and a request for an explanation, my brother took the resignation by hand on the 28th and then took the other later that day after recieving the p45.

i spoke with acas on the 27th. but dated the letter for 28th because thats when it was delivered. My next shift due was the 30th but apparently on monday my insider told me i had been removed from the rota for all days anyway.

i did first put in a claim for costructive dissmissel but acas advised me to email them and ask them to change it to unfair dissmissal because of the P45 being dated the 24th and my resignation the 28th i was obviously sacked before i resigned.

[san_d]

You should have reported the son to the police for defamation and intimidation. If in front of customers you surely have witnesses.

[moggy491]

i have rang the taxi company he works for and advised them that next time i will phone the police and that it looks bad on them as he is displaying there company badges

[Emmzzi]

The police will offer more protection should he get nastier....I might rop by and make them aware so if there are any problems they have you on a faster response list.

[moggy491]

Here is a copy of the Remedy letter i have put together please feel free to advise me on it ie; adding or removing anything thanks in advance,

 

 

Dear Ann

 

As advised to do so by the Employment Tribunals office this is a copy of what Remedy the tribunal will be asked to award.

 

Loss of past earnings between 24/08/12 - 12/12/2012 15weeks wages at £160 per week totalling £2.400.

 

Loss of future earnings, This has been calculated whilst taking into account that I

m a single parent of 3 children aged 15,13& 5. That I can only work between the hours of 7am-2pm because of preparing the children for school and fetching my youngest and caring for them after school.

 

Also with no qualifications or actual work skills and the current employment climate it makes it almost impossible for me to find employment although I’am applying for posts regularly online and at the job centre.

 

I therefore ask the Employment tribunals Judge to consider compensation of at least 52 weeks of lost future earnings calculated at £160 per week and totalling £8.320.

 

(Please take into account that Mrs xxxi did only put £97 on my wage slips as she didn’t have to pay any tax for me doing it this way)

 

Also my wages are made up by working tax credits of £74per week which again I have now lost so I ask the Tribunals service to also take this into consideration calculating at £74 per week x 52weeks = £3.848.

 

All totalling £14.568

 

I would kindly ask that any future correspondence be sent to:

 

xxxx

xxxxxxx

xxxxxxxx

 

And marked for the attention of : xxx

[moggy491]

hi im realy stuck with this one now this Tribunal is against the respondent being Mrs XX at the xxxx cafe nottingham but the xxxx cafe is not a registered company however upon googling the address im getting a xxx products Limited which is listed as a meat and meat products wholesaler (would that be right its a cafe) also do i need to change the respondant to xxx products Ltd please help the tribunal is only a few weeks away?

Edited November 7, 2012 by honeybee13
Removing names for purposes of confidentiality.

[becky2585]

Which employer was listed on your payslips? That's generally a good place to start working out who to sue.

[moggy491]

Which employer was listed on your payslips? That's generally a good place to start working out who to sue.

 

xxxx cafe but that's not a registered company however kmc chicken products limited is and that is registered at the same address and Mrs xxx is the Director of xxx.

Edited November 7, 2012 by honeybee13
Removing identifiable details.

[Emmzzi]

she does not have to be a company to sue - so it maybe Mrs x trading as x Cafe, for example, who rents the premises from xxx ltd.

Edited November 7, 2012 by honeybee13
Removing names - again - for confidentiality.

[MrHat]

Would it be an idea to asterisk out the company names so that the other side cannot search fir this discussion online'

[mariefab]

Did you send the remedy letter in post#16?

[honeybee13]

Would it be an idea to asterisk out the company names so that the other side cannot search fir this discussion online'

 

Done again Mr Hat, thank you.

 

HB

[honeybee13]

Moggy, I've edited several of your posts to try and avoid the 'other side' seeing this thread. I don't think it's in your best interests to name names. The guys can still advise you without knowing which companies are involved, it's enough to know that there are two involved.

 

Please would you keep it anonymous from here on in, this is to protect you.

 

My best, HB

[moggy491]

Hi yes i have sent the remedy letter, also many others requesting copies of paper work cctv etc. she has actually had a strike out warning today as she has not been complying with case management orders. she has never responded to any letter i have sent her from day 1 not even a responce as to why i received my P45 if she hadnt sacked me.

In regards to the xxxx Cafe does it not matter that the other named Limited company is owned by the same person. The limited company states that its a wholesale meat and meat product supplier yet this isnt true the only company on those premises is the cafe and she has no other premises.? is it not fraudulent to claim to be trading as something totally different. ie i could list my limited company to be a supplier of say clothes but open these premises as a chip shop?