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I need some advice regarding a complicated situation with my former employer in the UK. Here’s a summary of what happened:
Background
I was dismissed in October 2024 for alleged gross misconduct, which I strongly believed was unfair. The issue stemmed from inappropriate messages I sent to a colleague, but the context was complex, involving coercive control and a difficult working relationship.
I appealed the decision, arguing that my dismissal was disproportionate given my otherwise exemplary conduct, and that mitigating factors (such as the behavior of the other party involved) were not properly considered.
Recently, I won the appeal. The company admitted that the dismissal was too severe and offered to reinstate me to my previous role under the same terms and conditions, with a final written warning instead. They have also requested that I repay my notice period pay to remove the gap in service.
My Situation Now
Since my dismissal, I have secured a new job that I’m happy with.
I’ve lost trust in the company due to how the disciplinary process was handled and feel returning is not a practical option.
The dismissal caused significant stress and reputational harm, and I also lost out on financial gains, such as 65 shares I would have received through a sharesave scheme if I had remained employed.
My Questions
1. Am I entitled to compensation if I refuse reinstatement?
They have acknowledged that my dismissal was excessive, but I don’t know if this qualifies as unfair dismissal or wrongful dismissal.
Can I claim for the shares I lost and other non-financial damages, such as stress and reputational harm?
2. What’s the best way to approach this?
Should I negotiate a settlement instead of reinstatement?
Would this situation require a tribunal claim, or can it be resolved through direct negotiation?
3. Any free legal resources you recommend?
I’m aware of ACAS, but I’d appreciate advice on other organizations or tips from anyone who’s been through something similar.
I’d love to hear from anyone who has experience with employment law in the UK or has faced a similar situation. Thank you in advance for your insights!
