Dismissal has made me unemployable

[ritemaster]

Because I was dismissed from my previous employer, no one will employ me.

I made a management decision which my employer did not agree with and sacked me.

Ive had interviews for non-management jobs where they are finding it hard to get someone, and despite my years of experience, I am still turned down.

Will this have any affect in my favour when my case gets to the Employment Tribunal?

[FlamingParrot]

Re: Dismissal has made me unemployable

Welcome aboard

Because I was dismissed from my previous employer, no one will employ me.

I made a management decision which my employer did not agree with and sacked me.

Ive had interviews for non-management jobs where they are finding it hard to get someone, and despite my years of experience, I am still turned down.

Will this have any affect in my favour when my case gets to the Employment Tribunal?

Yes, it certainly would, provided you win your case, of course. It won't exactly help you win your case (presumably you are claiming unfair dismissal) but should you win it, it would have an effect on the level of compensation you get.

Compensation is based on the financial losses you have experienced as a result of losing your job, and you can get compensation for up to a year's worth of lost earnings. There are a number of factors which are taken into account to calculate an award, but it will help you maximise the amount you get if you can show you have gone out of your way to find alternative employment. You should keep a detailed log of everything you do to find work and documentary evidence such as emails and letters to/from prospective employers and recruiters, online application confirmations, etc. :typing:

If you are claiming JSA you are probably recording everything online on the Universal Jobmatch site, however, the DWP tend not to bother asking for documents and the Jobmatch records do get cleared out after a certain number of entries so you should keep your own. If you receive JSA, these payments will be taken into account when your award is calculated.

[ritemaster]

Re: Dismissal has made me unemployable

Thanks for you reply.

That is good to know. Yes I am claiming unfair dismissal and my solicitor says my case is so strong he suspects my ex employer will settle on first day of tribunal. I have kept records of all job applications and emails but none of them say why I was turned down, only that I was. Then I see the jobs re-advertised.

Due to my living arrangement, I cant claim JSA, so have no income at all coming in and my final wage has almost been used up. Family and friends are helping where they can but I still have financial commitments which I can no longer meet, such as a bank loan. Ive never been in this situation before, and am sinking fast as Im at a loss as to what to do. By the time the tribunal arrives, I am going to be in so much debt with missed payments and interest it will take me a long time to recover.

[leclerc]

Re: Dismissal has made me unemployable

Because I was dismissed from my previous employer, no one will employ me.

I made a management decision which my employer did not agree with and sacked me.

Ive had interviews for non-management jobs where they are finding it hard to get someone, and despite my years of experience, I am still turned down.

Will this have any affect in my favour when my case gets to the Employment Tribunal?

Ok, the first thing that caught my eye was the first statement. Both Flaming Parrot and myself have both been sacked and I am sure we have both had that first impression.

I can't advise on the employment tribunal thingy because that is not something I went through although I think FP did(not 100% certain).

I did go through the cutting back exercise after sacking, ie cancelling packaged accounts, getting rid of contract phone to use Pay as you go phones, and I did go through a lot of questioning of the what now scenario?

However, the worst thing was the explaining of why I was sacked. That bit was hard but if you cannot explain it then it presents you with a problem.

A further problem will arise at the moment with the claim process, because until a settlement has been reached, you still have the dismissed tag against you.

In terms of the bank, you need to inform them that you are going through a period of financial hardship and explain briefly(no heart to heart is necessary) that you are unemployed at the moment, and that you are going through an employment tribunal but that you have no income coming in to be able to sort out the loans. Maybe they might consider a payment break or even a lower payment but inform them and do that in writing so that there is a record of doing so. If you have a timescale as to when this might end then that would be good but there does not have to be one.

[FlamingParrot]

Re: Dismissal has made me unemployable

That is good to know. Yes I am claiming unfair dismissal and my solicitor says my case is so strong he suspects my ex employer will settle on first day of tribunal. I have kept records of all job applications and emails but none of them say why I was turned down, only that I was. Then I see the jobs re-advertised.

If your ex-employer makes an offer of settlement, that won't be subject to the strength of your jobsearch, that's a matter for negotiation between the parties. The evidence is only necessary if you go all the way to the tribunal and the ET makes an award. It doesn't matter whether the correspondence states the reason why you were turned down, in most cases they wouldn't give you specific reasons, if at all. The point is to show you've been doing your best to mitigate your financial loss by looking for work. Your solicitor should have explained all that to you.

Due to my living arrangement, I cant claim JSA, so have no income at all coming in

Most people are able to claim contribution based JSA for 6 months even when they live with a partner who works, and if you were employed for a number of years (you'd need at least two with your last employer to qualify for unfair dismissal), you should qualify for CB JSA. Did you attempt to claim?

and my final wage has almost been used up. Family and friends are helping where they can but I still have financial commitments which I can no longer meet, such as a bank loan. Ive never been in this situation before, and am sinking fast as Im at a loss as to what to do.By the time the tribunal arrives, I am going to be in so much debt with missed payments and interest it will take me a long time to recover.

As you may have noticed, we also have quite a number of people with debt issues on board. You may want to start a new thread when you're ready. :typing:

[ritemaster]

Re: Dismissal has made me unemployable

Thanks for all the replies.

I tried claiming JSA online and first question is, what is your postcode. I don't have a postcode and without one it wont let you continue. I will call the number suggested after the easter holidays and hopefully get something sorted.

[cupidstunt]

Re: Dismissal has made me unemployable

Not to hijack this thread,but!

Why is it that employers might settlement first day of the hearing.

Is it to avoid publicity or to stop wasting further barristers costs or perhaps they think they can get away with a cheaper settlement than the tribunal might give.

Surely a respondent would keep going, just in case.

[ritemaster]

Re: Dismissal has made me unemployable

Not to hijack this thread,but!

Why is it that employers might settlement first day of the hearing.

Is it to avoid publicity or to stop wasting further barristers costs or perhaps they think they can get away with a cheaper settlement than the tribunal might give.

Surely a respondent would keep going, just in case.

I asked my solicitor that question and he said employers like my ex will wait until the first day of tribunal just to be certain you intend to go through with it. If you go ahead then they settle. Some employees get scared and withdraw their claim beforehand.