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Appealing Being Sacked
5 Answers
i was dismissed from my job 2 weeks ago, and i got legal advice. After this i appealed the decision as it was indirect sex discrimination and i won my appeal. I should be receiving a letter confirming this tomorrow, and the next step- which will either be to offer me my job back, or compensation.
I have had word today from a colleague stating that my boss has been ringing around this morning getting advice on how to legally sack me- and thats before i have even had a letter confirming i'll be offered my job back! I feel like they are going to get rid of me before i even start back!
I was very pleased yesterday to receive the call that I won my appeal as I would love to have my job back, but now i feel like im going to be bullied even before i return. I have a boss above me (A) 2 bosses above her ( B & C) and the big boss above them (D).
I get on very well with D and B, and never realy ha a problem with A & C eithr but it was A & C that sacked me- infact B was on holiday at the time and knew nothing about it, and D was only informed after it happened.
So, basically, do i take my job back and risk losing it again, or do i refuse the offer and ask for compensation? Please help!
I have had word today from a colleague stating that my boss has been ringing around this morning getting advice on how to legally sack me- and thats before i have even had a letter confirming i'll be offered my job back! I feel like they are going to get rid of me before i even start back!
I was very pleased yesterday to receive the call that I won my appeal as I would love to have my job back, but now i feel like im going to be bullied even before i return. I have a boss above me (A) 2 bosses above her ( B & C) and the big boss above them (D).
I get on very well with D and B, and never realy ha a problem with A & C eithr but it was A & C that sacked me- infact B was on holiday at the time and knew nothing about it, and D was only informed after it happened.
So, basically, do i take my job back and risk losing it again, or do i refuse the offer and ask for compensation? Please help!
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I was there for 8 months. Yes, I was told job back or compensation and I would have taken my job back until I was told earlier about my boss already trying to find ways to sack me legally. I just can't work with her now the relationship between us has broken down and I can't trust her. I rang ACAS this morning who said because of the news I received this brings new evidence to light and I am allowed to refuse their offer of reinstatement.
Tbh even the appeal was done illegally- I was not invited and I should have been there with someone with me- also the two people that sacked me were present and they're not allowed to be
Tbh even the appeal was done illegally- I was not invited and I should have been there with someone with me- also the two people that sacked me were present and they're not allowed to be
This is all very odd.
In most cases, you don't get the chance at an Employment Tribunal to demonstrate whether a dismissal was unfair until you have 12 months continuous service (now being extended to 24 months). However if the reason for dismissal was 'automatically unfair', the 12 months service issue doesn't apply.
I'm surmising that your lawyer wrote to the employer on your behalf to state that you considered the dismissal reason as for an automatically unfair reason. That would have triggered you to have your day at the ET (even without the min. of 12 months service), and where the dismissal PROCESS followed would have been demonstrated as fatally-flawed (failure to follow the ACAS Code of Conduct, from what you said about what happened, because you should have been offered the right of appeal of the decision at the outset, amongst other procedural errors that seem to have happened).
Either that, or boss D get hold of it and said something akin to 'this is ridiculous, we can't have staff dismissed in this manner' so he allowed the appeal.
I would take the job back - jobs aren't the easiest to find right now, even for the most able of people. Besides, the compensation payable under the ET guidelines is feeble - its the same as the statutory redundancy package which means you'd perhaps get £1500 tax-free. There's no obligation for the company to pay as little as the statutory sum (they could pay more) but you've only been there 8 months, so it's never going to amount to much.
In most cases, you don't get the chance at an Employment Tribunal to demonstrate whether a dismissal was unfair until you have 12 months continuous service (now being extended to 24 months). However if the reason for dismissal was 'automatically unfair', the 12 months service issue doesn't apply.
I'm surmising that your lawyer wrote to the employer on your behalf to state that you considered the dismissal reason as for an automatically unfair reason. That would have triggered you to have your day at the ET (even without the min. of 12 months service), and where the dismissal PROCESS followed would have been demonstrated as fatally-flawed (failure to follow the ACAS Code of Conduct, from what you said about what happened, because you should have been offered the right of appeal of the decision at the outset, amongst other procedural errors that seem to have happened).
Either that, or boss D get hold of it and said something akin to 'this is ridiculous, we can't have staff dismissed in this manner' so he allowed the appeal.
I would take the job back - jobs aren't the easiest to find right now, even for the most able of people. Besides, the compensation payable under the ET guidelines is feeble - its the same as the statutory redundancy package which means you'd perhaps get £1500 tax-free. There's no obligation for the company to pay as little as the statutory sum (they could pay more) but you've only been there 8 months, so it's never going to amount to much.
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