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Unfair dismissal & negligence

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  • Unfair dismissal & negligence

    Worked for employer for 5 years 11 months.
    Dismissed for misconduct (not misconduct) with PILON - 2 months notice
    Gross monthly pay £2041
    Age 28 at dismissal

    Suspended without employer talking to me about issues, investigated, disciplinary - dismissed.
    No prior warnings given.
    Raised formal grievance.
    Appeal in process.
    In contact with ACAS for early conciliation.

    Suffered with severe anxiety which has been made worse by employer. Raised issues and concerns multiple times, which had not been addressed.
    Placed on to a performance improvement plan due to not being able to complete certain tasks due to mental health
    Had referral made to employee assistance program in 2022.
    Refused occupational health when requested from my employer. Employer stated needed to have EAP referral first as they said this had not been done (did not speak to me to discuss).
    Employer admitted via email "how would it look if it came to an employment tribunal as she has requested occupational health".
    Been subjected to bullying by my employer.

    A lot of bullying committed by other staff members which makes work morale low and affects mental wellbeing.
    Employer said could not deal with these issues without evidence.
    Employer forced me to provide information about what was being said and names of employees.
    Due to poor mental health I stated "what would happen if I potentially had audio recordings of these things being said". My employer stated that I would not get into trouble for this.

    Was suspended for "audio recordings" - although I had not done this.

    Employer has not followed ACAS guidelines as dismissed for misconduct, not gross misconduct. Following ACAS guidlines the most severe discipline for the most severe case of misconduct is a final written warning.

    Following GOV.UK redundancy pay the figure is £2550 for basic award. Is this correct?

    And then taking into account, ACAS guidelines not being followed and negligence from employer.

    I need help with coming up with a figure to provide ACAS for early conciliation.





    Tags: None

  • #2
    Originally posted by Willow23 View Post
    Following GOV.UK redundancy pay the figure is £2550 for basic award. Is this correct?
    Statutory redundancy amount would be something like that yes (I haven't done the exact calculation - you can get that here Calculate your statutory redundancy pay - GOV.UK (www.gov.uk, which may be where you got your figure from.)

    Why is the statutory redundancy amount relevant? You have been dismissed not made redundant.
    Last edited by PallasAthena; 30th May 2023, 12:24:PM.
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      Just following the basic amount calculator provided by citizens advice website. But it says the basic amount is the same as redundancy pay.

      Comment


      • #4
        The CAB is correct. The calculation of basic award and statutory redundancy pay is the same.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment

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