Mutual Trust and Confidence

[Jansenrovers]

Re: Mutual Trust and Confidence

There is no evidence of 'during work hours' as I didn't do this. The only job related correspondence I had was when I was on holiday.

- - - Updated - - -

I set up one interview for the week of my return, outside my working hours.

[mariefab]

Re: Mutual Trust and Confidence

I set up one interview for the week of my return, outside my working hours.

Just to be clear/pedantic; during non-working hours you arranged the interview and the interview was to take place outside your working hours. Yes?

[Jansenrovers]

Re: Mutual Trust and Confidence

Just to be clear/pedantic; during non-working hours you arranged the interview and the interview was to take place outside your working hours. Yes?

Correct

[mariefab]

Re: Mutual Trust and Confidence

Then they have no evidence to back up their case.
They seem to be under the illogical misapprehension that because of their purported 'keep your computer on' policy holidays are still working hours.
It just doesn't work like that. You can't be both on holiday and working at the same time.

Was there a disciplinary hearing?
Was it documented?
If so, how the hell did they explain themselves?

[Jansenrovers]

Re: Mutual Trust and Confidence

Then they have no evidence to back up their case.
They seem to be under the illogical misapprehension that because of their purported 'keep your computer on' policy holidays are still working hours.
It just doesn't work like that. You can't be both on holiday and working at the same time.

Was there a disciplinary hearing?Nope
Was it documented? Nope
If so, how the hell did they explain themselves? They haven't!

See above in red

[mariefab]

Re: Mutual Trust and Confidence

How long had you worked there?

[Jansenrovers]

Re: Mutual Trust and Confidence

Just over 2 years

[mariefab]

Re: Mutual Trust and Confidence

So, what happened?
On your return to work did they just say, "You're sacked, leave now"?

[Jansenrovers]

Re: Mutual Trust and Confidence

Almost exactly that!

[mariefab]

Re: Mutual Trust and Confidence

OMG!

Well, on the information above, as long as you can show when the correspondence with the recruiter took place, you can't lose this case.
Don't bother looking for caselaw, there won't be any.
Caselaw is only created at EAT level and higher courts. Employment Tribunal decisions don't create it and if any previous employer has ever tried such a ridiculous argument/defence before a Tribunal they would have been spanked.

[Jansenrovers]

Re: Mutual Trust and Confidence

Great thanks for all your help.

They've literally just contacted ACAS to ask what I'd settle for. Obviously i'd like to settle rather than go to court, but I don't know what to pitch the amount at. My claim is c£22k which i can provide evidence to support.

Is there a rough % which is recommend to pitch at?

I appreciate everyone's help so far. It's a very stressful time!

[mariefab]

Re: Mutual Trust and Confidence

As I said, you can't lose this.
Check your figures to make sure that haven't missed anything out and, if not, pitch it at c£22K.
Make it clear that you are not prepared to negotiate or settle for less.
It will save them a lot of money to pay you in full now. Not only their legal costs, it's likely that they'd have to pay yours too. Further, if this goes to Tribunal your award will be increased by at least 25% because they failed to conduct any kind of disciplinary process.

You can also make an agreed reference a condition of the settlement. ACAS will help with that.