Moorron
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| posted on 29/3/10 at 09:53 PM |
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Unfair dismisal claim
ok guys i was made redundant in december with 12 year experience. Thing is one 23rd march i didnt recieve my legal min money (£4k). So ive gone to a
solicitor and she has said the company got it all wrong, didnt follow the right order of things and has recomended i push for a tribunal. Thing is im
not sure what i would win if its in my favour. I earned £27k before they got rid of me and feel really angry about it.
Has anyone gone thru this sort of thing and give any advice over it?
Cheers guys.
Sorry about my spelling, im an engineer and only work in numbers.
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big-vee-twin
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| posted on 29/3/10 at 09:58 PM |
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The maximum for unfair dismissal is £50k but this has never been acheievd as it is unlikley to be proved.
From you description if the company hasent followed its own procedures which will be identified in your contract of employment, this comes under
breach of contract and you can expect to get about £1k.
I would speak to citizens advice for a second opinion Solicitors can sometimes take you down the garden path because they see you as a cash cow.
Duratec Engine is fitted, MS2 Extra V3 is assembled and tested, engine running, car now built. IVA passed 26/02/2016
http://www.triangleltd.com
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Volvorsport
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| posted on 29/3/10 at 10:02 PM |
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you can claim from the insolvency service also , if ive got it right
www.dbsmotorsport.co.uk
getting dirty under a bus
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bmseven
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| posted on 29/3/10 at 10:08 PM |
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Its free to take them to an employment tribunal, I have just done it.
Is the company still trading? If not the payout comes from the Insolvency Office, just don't expect to get any money soon.
I was made redundant back in June and things are only just starting to move in the right direction !
BMW 7 Resource
Bures Pit anyone?
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zebedee
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| posted on 29/3/10 at 10:23 PM |
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Similar thing happened to me years ago and I'm still regretting not going to a tribunal.
Go for it and make sure that they get the bad publicity for unfair dismissal.
Most, if not all solicitors will give you at least half an hour completely free.
Ask around and find out who specialises in employment matters and make
appointments to see several of them.
Then engage the best one that you find.
Don't forget to ask them whether they have a 'no win, no fee'
service when you go to your appointments.
Good luck.
zeb
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Moorron
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| posted on 29/3/10 at 10:24 PM |
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cheers guys, yes company is still going.
They said the project i was working on is no more, but it wasnt my only job, the project was worked on by others and also i wasnt scored like the
other 17 people who went.
They have denied me the proper holiday and now not even told me im not getting any money which was due on the 23rd march.
im really few up, but luckily got offered a job i start soon (less money more hours) but if this wasnt offered to me i would have been in the poop.
Sorry about my spelling, im an engineer and only work in numbers.
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austin man
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| posted on 29/3/10 at 10:36 PM |
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I too had a similar state of affairs some years back, fortunately my home insurance covered legal costs and they took up the fight I was paid ouy
nearly as much dor unfair dismissal as I was for the redundancy.
I believe that the DAS legal assistance that many drivers pay for will also cover their legal costs including general legal advice oh and the company
also ad to pay my legal costs too.
Life is like a bowl of fruit, funny how all the weird looking ones are left alone
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zebedee
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| posted on 29/3/10 at 10:42 PM |
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Make notes NOW about their excuses and everything that they said, who said it and when.
You don't want the important details 'lost in the mist of time' as the process grinds on.
Take your notes to the solicitors and also make notes of what they said.
Sounds to me as though a good solicitor would take them apart.
zeb
PS Do they know about your interest in this forum?
Be careful what you post if they do.
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Theshed
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| posted on 30/3/10 at 07:45 AM |
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"The maximum for unfair dismissal is £50k but this has never been acheievd as it is unlikley to be proved."
What tosh! Then followed by the usual ignorant slur on the legal profession.
Up and down the country people succeed in bringing cases against their employers on a daily basis. Some use solicitors some act in person. Many
achieve the statutory maximum (which has not been £50,000 for years). Employment law is not necessarily intuitive and I believe that represented
employees win 50% more often than those brave soles who represent themselves.
Fighting an unfair dismissal claim when the employer says that there was a redundancy situation can be hard - everything turns on the facts. It is
quite impossible for anybody to give a sensible assessment on the merits on a forum such as this. Just because somebody else has won or lost will have
no reflection on your case.
Deciding to bring a court case is always a difficult decision. You will have to balance the merits of your claim against the likely amount that will
be recovered (this is not some figure plucked from the sky). Costs are not generally recoverable and so the question of using a solicitor or not is a
difficult one. Many solicitors will agree funding arrangements whereby you may not be asked to pay if you loose. Contrary to popular myth the
profession generally hate these. Try telling a mechanic that he will get paid only if he finds the fault! Always check all of your insurance policies
to see if you have legal expenses insurance. Household and breakdown cover often has this cover as an add on.
Choose a solicitor who is experienced in this area of law. If in doubt ask how many cases they have done. The legal profession is highly regulated
both solicitors and barristers can be ordered to compensate clients where they have received inadequate professional services. The rather pathetic
hostility to lawyers in general is probably caused by watching too much american tv.
Be very careful of the strict time limits in the tribunal. For an unfair dismissal claim 3 months less one day from the effective date of termination
(last day actually working is always safe).
Sorry to hear of your plight and good luck.
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carpmart
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| posted on 30/3/10 at 07:45 AM |
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Zebedee offers some good advice; document everything!
You only live once - make the most of it!
Radical Clubsport, Kwaker motor
'94 MX5 MK1, 1.8
F10 M5 - 600bhp Daily Hack 
Range Rover Sport - Wife's Car
Mercedes A class - Son's Car
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skinned knuckles
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| posted on 30/3/10 at 08:28 AM |
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there are so many variables in a case like this that it is impossible to say if and what your payout should be.
if you were made redundant, was there a proper consultation period? did everyone in the company at the same grade as you brought in and asked to state
their case for continued employment? how old are you? can you easily find more work?
it is very easy for an employee to claim against the employer if the above weren't followed correctly and if you are one of the oldest in your
company that was at the grade you are at, then your payout could be huge as it could very easily be seen as a discrimination case. my dad (64) went
through this 12 months ago and his employer has just settled outside of a tribunal for £65K
he was represented by my sister in law who is a senior partner in one of europes biggest law firms and specialises in employment law.
if you want to U2U a basic outline of what happened and in what order it happened, i'll send her a quick email to see what she thinks. she is a
ball breaker and has gone up against some of the biggest companies in the world with the biggest legal budgets and has wiped the floor with them. if
she says you have a case, then you defo have a case.
A man isn't complete until he's married, then he's finished
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Moorron
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| posted on 30/3/10 at 03:50 PM |
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thanks.
Im 32, have found other work (a huge step backwards) which is slightly less money but more hours. I worked there for 12 years and was the longest
serving member in the office.
They didnt score me against anyone else which is my reason for agueing it. At first i didnt as i didnt think i could (no contract or understanding of
the law). But after a few months at home on garden leave a few mates looked at my paperwork and suggested they i seek legal advice.
Ive seem a solicitor which cost £170 and they have said i can claim 3 things:
1, unfair dismisal based on my not being pooled and scored.
2, non payment of redundancy money (legal min!!) on my term date of 23rd march.
3, unpaid holiday.
Thing is they now want £600 to go the next step and issue it to a tribunal. But i havent got the money as my redundancy money hasnt arrived.
Ive wrote a letter to work asking why i havent had my money and that i now want to appeal to it.
Im not sure what step to take now, at every step they have done it wrong and i dont want them to get away with it.
Do you know how long i had from me being informed its me and the meeting to explain it all? ........ 37 minutes! and that was a letter handed to me
from my boss which was dated the previous day!
That is just one thing i didnt know they cant do (must be a min 48 hours notice). The whole thing has been like that right from the start to now.
Sorry about my spelling, im an engineer and only work in numbers.
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