Swampey's Wrongful Termination

[Swampey]

Re: Advice required

Did the company in the latter discussions accept that they had received the sick note? Did you keep a copy of it in case it somehow was misplaced?

Leclerc...there is no issue with the sick note as it has a received and its been date stamped ..... If I became unreasonable the company was going to use / get me on breach of sickness policy as my wife called in on the day it was issued....

That might of meant a written warning or even dismissal

PS 18 years and a clean record

[Swampey]

Update

Hi Everyone

After spending over half and hour on the phone and being advised that it could cost 10k - 15k to take out a unfair dismissal case against my employers... Im off to seek advice from the CAB

Whilst the solicitor tells me I got a very strong case from the info Ive already told him.... the question has to be raised is that his fees out of any compensation claim might leave very little for me....:tinysmile_hmm_t2:

And it just shows how crap my employers really are... still waiting for that email that hasnt arrived yet

[miliitant]

Re: Update

You do not need a solicitor to bring a claim to a tribunal

thats the solicitors fees, their are no tribunal fees unless the judge thinks your claim is vexatious

do the claim yourself

i have done quite a few myself

[Swampey]

Re: Update

So what do I need to do Miliitant ie are there any steps to follow..... I mean it seemed alot of money to a solicitor and with out knowing such things a compensation and court awards then I could end up with next to nothing....

[enaid]

Re: Update

Here is some info you should read https://www.gov.uk/employment-tribun...yment-tribunal

[Swampey]

Re: Update

Might be time to hit the panic button..... Had a compromise agreement turn up in the post with a sum of 10.000 pay off but then I loose any rights to go to industrial tribunal and claim for the injury at work claim

[miliitant]

Re: Update

10 grand is close to the mark

if you brought a civil claim for your PERSONAL injury, at a guess 5-grand
employment tribunal award 6 grand with 25 % UPLIFT

I NEED TO KNOW WHAT IS STATED IN THE COMPROMISE AGREEMENT

can you send it to me as a personal message

does the company have a special provision for people retired through ill health. other views need to be looked at as well, claiming benefit etc as you will be making yourself intentionally unemployed if you accept the compromise agreement and 10 grand is not a lot in real terms

does the 10 grand include any outstanding holiday and salary money owing
any pay in lieu of notice
etc
etc

it is obvious they are worried of the negative publicity a claim through the employment tribunal would envoke, let alone their failings on h&s/employment legislation

you may have room for maneuver on this with a higher figure as what they did to you was blatant discrimination

by the way, their is no such thing as an industrial tribunal, it is called an Employment Tribunal

[miliitant]

Re: Update

If you have no objections i am going to compose a letter for you to send to your former employers

only you can make the choice to send it or not

the injury alone you can claim for future loss of earnings on their negligence under the management of health and safety at work regs 1999

benefit would not be an issue as well if you can show a valid claim to the job centre for unlawful dismissal through the employment tribunal service

[Swampey]

Re: Update

Biggest issue we got to deal with her is the fact that I reside in tide accomodation and should I refuse to sign this compromise then they will just simply evict us 4 weeks from the date of my termination.... and not give the extra time that has already been agreed....

But putting that side I am really just signing away all my legal rights even to the point of discussing the termination with anyone after I have signed....

[miliitant]

Re: Update

housing issues is not my area so i would hang fire till tonight when the experts would be along on that issue

i think it may be three months notice but take that with a pinch of salt

does it say in your contract of employment that you must vacate a property within 4 weeks

contact shelter on your future housing issues who are a registered charity

i myself would say stuff your offer, send another letter on a new proposed revised payout, or see you in court, but only you can make that decision

[Swampey]

Re: Update

New update... I Called a local solicitor this afternoon coz think all the wife is bothered about is being able to stay in the flat to find us being told bring the paperwork along, if the solicitor whos dealing isnt happy then he will negotiate a higher settlement considering the fact that Ive got a case for unfair dismissal and the injury claim....

Previous solicitor I was in contact with about the injury claim is either getting cold feet or is putting to many doughts in my head.... think Ill ditch that idiot....

[Swampey]

Termination

Hi All

Can you believe it its been over 10 days since I had my contract of employment terminated after 18 years and yet they still havnt sent me any formal letter to confirm this...

The biggest joke about all of this is that they where quick of the mark to send a compromise agreement...telling me just take it to a solicitor and get it signed.....

Thats been done and sent along with a load more paperwork, just waiting till I see him later this week .... seems it no as straight forward as my ex employers make out....

[miliitant]

Re: Termination

are you taking the 10 grand settllement offered or holding out for more before it goes to an emploment tribunal
what news on the accomodation situation

[Swampey]

Re: Termination

Accomodation situation is going for a viewing new property on 12th Dec, wont be able to move in till 11th Jan or there abouts....As far as the settlement... lets just see what happens with the solicitor... he might be able to advise my ex employers the error of there ways and get the figure increased.....

[miliitant]

Re: Termination

your employer has no case and would be unwise to try and drag this out
if you need help or advice, please update as it was a disgrace the way you were treated and i hope you get satisfaction in the end