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Time limits for bringing unfair dismissal case

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  • #16
    I am so pleased for you. Please do let us know how you get on
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


    You can’t always stop the waves but you can learn to surf.

    You are braver than you believe, smarter than you think and stronger than you seem.



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    • #17
      So we applied for ACAS concilliation at end of Jan. Previous employers ignored. They then got an extenstion of two weeks - I dont know why, as they continued to ignore the situation and kept their silence.

      I have finally got an email from the solicitors today - about a year and week from the very first incident that set this whole sorry ball rolling!

      I again would like to say - if you don't already belong to a union - JOIN ONE!

      I think the hard part has only just begun - wish me luck!

      Email:

      Dear Wylntholia,

      We have been instructed by your union XXX to draft and submit a claim for disability discrimination and unfair dismissal on your behalf. Please find attached the draft Grounds of Claim I have prepared from the information provided. It is important that it is correct so please don’t hesitate to add/amend as you see necessary. Please mark any changes you make either using track change or using a different colour.

      Comment


      • #18
        So glad things are moving forward with a union appointed solicitor. Best of luck with the case and please come back and let us know how you get on.
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment


        • #19
          Just another quick update.

          The court forms have been submitted and we are now awaiting a response from my ex-employers (I am not holding my breath!)

          Last week they emailed me my P60. I then asked them why they had still not issued me my P45, 5 months after they sacked me - below is the response I have just received....

          I can't see that this is legal....

          Hi WylnTholia

          You are still officially on our payroll until the matter is resolve, therefore we have not processed your P45 yet.

          Ex-employers

          Comment


          • #20
            Thanks for the update.

            In my view they are just being petty and in fact your P45 should have been sent to you on cessation of your employment either on the day or if that is not practical (maybe due to when the payroll is run) then at least without undue delay. My view is that you should have received it at the same time or soon after your final wage slip.

            It does not matter that you are making a claim against them your employment has terminated and therefore you are due your P45. I would respond back in writing ask them that since your employment has been terminated they have a duty to provide you with a P45 regardless of whether you have issued a claim or not. Inform them that if you do not receive one within xxx period of time that you will be reporting the matter the HMRC.

            If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

            I do my best to provide good practical advice, however I do so without liability.
            If you have any doubts then do please seek professional legal advice.


            You can’t always stop the waves but you can learn to surf.

            You are braver than you believe, smarter than you think and stronger than you seem.



            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Comment


            • #21
              Well yesterday I received an email with a P45 attached (even though the matter is still unresolved which their excuse for with holding it in the first place).

              The P45 states my last day of employment is 30th April 2019 - so in 4 days time!
              I have a letter dated 1st November 2018 stating my last day of employment was 14th November 2018, and that I would be sent my P45 within 28 days of that date.

              Surely they can't legally send me a P45 with a totally incorrect end of employment date?

              I have emailed them back asking for a correct P45 and quoted the letter I received on 1st November 2018.

              So if they refuse to change the end of employment date, then surely they have to pay me SSP up to 30th April, and accrued holiday entitlement pay for the month of April (the leave year starts on 1st April each year) - don't they?

              I have forwarded the emails to my solicitor but he is on annual leave until next week.

              Comment


              • #22
                The date on your P45 in accordance with HMRC is the date on which employment ended which is 14 Nov 2018 according to your post.
                If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

                I do my best to provide good practical advice, however I do so without liability.
                If you have any doubts then do please seek professional legal advice.


                You can’t always stop the waves but you can learn to surf.

                You are braver than you believe, smarter than you think and stronger than you seem.



                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                Comment


                • #23
                  We applied to ACAS for Early Concilliation back in January - they wrote to me with a reference number etc.
                  The ex-employers then got a 2 week extention to respond - they didnt acknowledge the application, or the extention so ACAS issued the forms to allow us to apply to Tribunal.

                  This was done 6 weeks ago by my solicitor.

                  No acknowledgement again from ex-employers.

                  Today I have received a letter from ACAS telling me the court has sent them my forms for Concilliation!

                  What is going on???

                  Is this going to affect the dealines etc, so that I will be out of time to even go to court in the first place??

                  I feel in absolute limbo and like everyone is playing games with my life.
                  Last edited by WylnTholia; 5th May 2019, 02:18:AM.

                  Comment


                  • #24
                    Did you get an early conciliation certificate for the unsuccessful process prior to your claim being submitted to the Tribunal claim?

                    Has your claim has now been submitted to the Tribunal? In which case the correspondence you have received from ACAS is probably about conciliation which can start after the claim has been made. The clue will be in whether it is just called conciliation the word "early" will have been dropped.

                    Hope that makes sense but you can always just check with your solicitor.
                    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

                    I do my best to provide good practical advice, however I do so without liability.
                    If you have any doubts then do please seek professional legal advice.


                    You can’t always stop the waves but you can learn to surf.

                    You are braver than you believe, smarter than you think and stronger than you seem.



                    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                    Comment


                    • #25
                      Thank you for your previous reply - apologies for not coming back to this sooner.

                      Yes the new letter is actually for concilliation. They finally returned the ET3 form (denying any wrong doing obviously!) and they made me an offer!

                      They offered to give me a reference if I dropped the case..... I have to say I actually laughed out loud when my solicitor told me this.

                      Tonight I have been doing some digging, and find they have changed the website, in particular the locations where they are based. The office they wanted me to go to for 3 months for my staged return is gone completely, and the one they wanted me to based at permanently from Jan this year, is actually only open for a few hours one day a week.

                      So I am wondering how I was meant to fulfill my 32 hrs per week at this office.

                      To me this just looks like a back up to get rid of me, if I had actually accepted moving to an office over an hour from where I lived, as they could then have made me redundant!

                      Will this be taken into account at court do you think?

                      I dont know when all the changes happened but the website was updated in March. ( have screen shots of the source code with the dates in it)

                      Comment


                      • #26
                        It would be a bit of time process but you can maybe check a more accurate date of the changes to the website via this link

                        https://archive.org/web/web.php

                        Not sure that the timings are in your case for the exchange of witness statements, but it may be a point to put in as part of that statement but just on a very factual basis.
                        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

                        I do my best to provide good practical advice, however I do so without liability.
                        If you have any doubts then do please seek professional legal advice.


                        You can’t always stop the waves but you can learn to surf.

                        You are braver than you believe, smarter than you think and stronger than you seem.



                        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                        Comment


                        • #27
                          Hi sorry for the long absence, but I've had nothing to report.

                          *Today I received the news that the preliminary hearing will be in 2 weeks. It will be by phone, and my barrister will 'attend' for me. They want to schedule 5 days for the actual hearing, assuming it goes ahead!

                          Comment


                          • #28
                            Hi WylnTholia thank you so much for coming back to your thread and giving us an update. Glad to hear that things are moving along and it sounds like you are getting really good support.

                            Best of luck with the preliminary phone hearing.*
                            If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

                            I do my best to provide good practical advice, however I do so without liability.
                            If you have any doubts then do please seek professional legal advice.


                            You can’t always stop the waves but you can learn to surf.

                            You are braver than you believe, smarter than you think and stronger than you seem.



                            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                            Comment


                            • #29
                              So in summary - the hearing is set for early NEXT year - I can't believe this is all taking so long

                              * * * *That will be almost three years since this all started, and they have scheduled a 6 day hearing.....

                              Comment


                              • #30
                                That is a long way off but I do know that some Tribunal courts are really busy and there is a real backlog

                                If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

                                I do my best to provide good practical advice, however I do so without liability.
                                If you have any doubts then do please seek professional legal advice.


                                You can’t always stop the waves but you can learn to surf.

                                You are braver than you believe, smarter than you think and stronger than you seem.



                                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                                Comment

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