Hello . Advice on either accepting an acas offer or going to an employment tribunal?

[andy2020]

I was employed on a 12 month fixed term contract, the offer of employment said 12 months fixed term, the contract sent with the same email said 6 months extenderble to 12 months. There was never any issue about my actual work, when the virus struck my employer shut the office down and everyone worked from home, except me, my workload was taken off me and given to another employee and she worked from home, I was dismissed with no reason except to say I was no longer required. I could have worked from home but was refused. It is my case that my employment was supposed to last 12 months, I was identified ( by the employer ) as vunerable due to my condition and was the only one let go. It is my case that they are in breech of my employment and i was discriminated against because of my disability. I have started a claim for unfair dismissal and at the moment it is with ACAS, my employer has responded with an offer to re-instate me under the furlough scheme from the date of my dismissal untill the scheme ends. I was looking at your expert advice whether to accept this or take my chances in a tribunal?? any help gratefully recived thanks.

[ULA]

Hi, sorry I am going to need more information:

You state that you had offer of employment for a 12 month contract but your actual contract was for 6 months which could be extended by a further 6 months. In what form was the original offer made, verbal or in writing. Did you follow up why the contract was not a straight 12 month contract?
On what terms could the contract be renewed for a further 6 months?
Is there an early termination clause in the contract if so what does it state?
Is your disability recognised under the Equality Act 2020 and if so was the employer aware of this.

[andy2020]

Hi ULA,

The offer of employment was made in a formal letter, the content verbatum was "I am very pleased to offer you a twelve month fixed term appointment "

The contract of employment, sent with the same email states "

1. COMMENCEMENT OF EMPLOYMENT AND PERIOD OF CONTINUOUS EMPLOYMENT

Your employment shall commence on 14/10/2019.
The duration of the employment shall be 6 months extendable to 12 months."

The early termination part states "

1. NOTICE PERIODS

Following satisfactory completion of the probationary period, except in circumstances justifying summary dismissal, the period of notice required to terminate employment is one month, by either you or the Company.

The Company reserves the right to pay salary in lieu of notice to any member of staff whose contract of employment is terminated.

The employment of members of staff committing gross misconduct shall be terminated forthwith without prior notice or salary in lieu. Examples of gross misconduct are set out in the Disciplinary Procedure.

Any notice to be given under this section shall be in writing.

During your notice period (regardless of whether it was given by the Company or by you), the Company may exercise one or more of the following options:

• Require you to take any outstanding holiday entitlement.
• Require you to not take holiday booked during your notice period although it has been previously authorised, but work out the complete notice period.
• Require you to carry out duties which are different from those that you were previously carrying out.

In certain instances, the Company may insist that notice is taken as ‘garden leave’ during which time you will not be required to attend the Company’s premises, nor will you be permitted to contact clients, customers or fellow employees of the Company. However, you must remain available for work during normal working hours should you be required.

Should the Company agree to an early release date at your request, you will only be paid up to the agreed leave date.


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Is your disability recognised under the Equality Act 2020

I have arthritus and am on immune suppresant drugs, I also get PIP and now ESA, my employer was aware at the start of my employment of my condition and medication required, also they were aware of my monthly blood test appointments. in addition they self identified me as a vunerable person at the start of the virus.

I hope this helps! Thanks in advance.

[ULA]

Ultimately the decision whether to accept the offer is down to you. One of the remedies that an employer can propose as an attempt to settle a claim would be reinstatement. I would just say that having been given reinstatement as an offer there is the potential that if you did decide to pursue the case, assuming you provide enough evidence to support your claim despite your non qualifying service period, then a tribunal may take a dim view if had refused to accept being put back into the position from which you had been dismissed.