Dismissed due to sickness - is it worth appealing

[honeybee13]

Hello sirbob. You have a number of previous employment threads. Do any of them relate to your query please?

 

My best, HB

[sirbob10]

Hi HB

 

I know I have a few threads but they are relating to different problems we are encountering since my husbands dismissal.

 

Am I doing something wrong that I'm not aware of because I do aologise if I am.

 

Regards

Joanne

[honeybee13]

Hi Joanne.

 

No you're not necessarily doing anything wrong, I just wondered if there were other threads that would help the guys to advise you without them having to go looking for other information.

 

If nothing would help, that's fine, don't worry. I just asked because the advisers here are busy and anything that saves them time and gives them relevant information could help you and your OH.

 

HB

[dj1971]

HI Sirbob,

 

In my opinion and based on experience there is nothing to be gained from submitting a complaint against your husbands former manager.

 

Management often take the approach of never admitting or apologising for anything as that may make them liable for a claim.

 

A complaint will almost certainly get their backs up and what would you hope to achieve?

 

I realise it may seem a hassle to contact HMRC to get a refund of overpaid tax, though in my personal experience if you call the HMRC helpline they are quite knowledgeable and efficient at sorting these things out.

 

Really is not worth the hassle.

 

DJ

[Emmzzi]

what dj said. If you are going to do anything, go straight to ET if you have grounds for discrimination on failure to make reasonable adjustments for a disability - if it was, I cannot remember now.

[sirbob10]

Hi

 

My husband has had his appeal meeting and we should get a dicision on the 15th November.

 

As regards the holiday pay it has been just over 5 weeks since he was dismissed and he still hasn't been paid for his accrued holidays. We were told this week it has been passed to a manager as no-one has been able to figure out where the missing holiday hours have gone. They are blaming his previous team leader who was dismissed for gross misconduct as he also didn't document return to work meetings promising help for my husband and my husband advising him of his problems and that he was still under investigation all of which senior management say they knew nothing about.

 

Anyway they say they know he was off for 15 months, they know he took no holidays but they can't find where the almost 370 hours of holidays have gone. This equals just over £2000 for us and would treally help for our 3 daughters and xmas.

 

Do ET cover a dispute over holiday pay or would it just be for people who have been dismissed? How long should I leave it with a manager. It only been with her since 31st October.

[becky2585]

Yes, the tribunal also covers holiday pay (but get the claim in three months less one day from his termination date or the end of the holiday year, whichever applies). If he's still employed, it's only statutory holiday leave which can be recovered. As he's lost his job, if he's claiming unfair dismissal then he could try to recover contractual leave entitlement as well.

[sirbob10]

We arent claiming unfair dismissal yet as we are awaiting on a decision from his appeal at work. We are just not to sure if we can start a ET on the holiday pay.

[becky2585]

Yes, you can. But clearly, he won't be entitled to the holiday pay if he is reinstated, so I would just hold off and submit both claims together on one ET1.

 

Incidentally, as he's already been dismissed, you could start the unfair dismissal claim now and withdraw if he is reinstated...

[sirbob10]

So if he is reinstated would he just get the holidays back to use as normal?

[becky2585]

Yes - and he should receive back pay between the dismissal and date of reinstatement.

 

I would emphasise that reinstatement is very rare, though!

[sirbob10]

to be honest he doesn't want to go back. We have private insurance and 2 days after his appeal meeting the insurance wrote to us stating they would pay out for 1 year.

 

So would it be best to advise them we no longer want to continue with appeal or do we just wait for a decision?

 

On the off chance that he does win, would he then have to give notice of leaving or does he just decline the offer of his job back and wait for the holiday pay.

[becky2585]

Carry on with the appeal - don't tell them he doesn't want to go back, or it could affect any future unfair dismissal compensation.

[sirbob10]

Hi

 

So my husband had his appeal meeting today and he lost which we expected.

 

We have contacted ACAS who has given us 2 options. 1. Employment Tribunal or 2. Pre claim conciliation.

 

Can someone advise which one may be best as we have no idea.

 

Thanks

[Emmzzi]

Start an ET so you do not miss the time limit while the company are stalling.

 

You can withdraw it later if you settle.

 

Don't mess about with it - get the forms in!

[sirbob10]

Thank you Emmzzi, but where do I start.

 

Thanks

[honeybee13]

Hello there.

 

I believe the form is online. Have you found it?

 

HB

[honeybee13]

Just in case, here's a link to the tribunals service website for employment.

 

There a link to the ET1 form within the advice.

 

http://www.justice.gov.uk/forms/hmcts/employment

 

HB

[sirbob10]

Hi

 

Is it on the ACAS website or do I use a seperate website for the forms.

 

Many Thanks

[freakyleaky]

Is this what you're looking for HB?

 

http://www.justice.gov.uk/forms/hmcts/employment

[freakyleaky]

http://www.acas.org.uk/index.aspx?articleid=1889

[sirbob10]

Thanks. I've just found it.

 

Joanne

[honeybee13]

Is this what you're looking for HB?

 

http://www.justice.gov.uk/forms/hmcts/employment

 

Crossed posts, FL. We don't often see you here, do we?

 

HB

[freakyleaky]

Crossed posts, FL. We don't often see you here, do we?

 

HB

 

Just taking a wander

I didnt see your post on the second page My bad (Whatever that means )

[honeybee13]

Just taking a wander

I didnt see your post on the second page My bad (Whatever that means )

 

Pleeease don't start with txt spk.