employment tribunal

[motomad]

I run a small company and i have had to lay off (over a period of 6 months) 10 employees .One of these employees is taking me to an employment tribunal claiming unfair dismissal.i understand legally we made some procedural errors and will have to pay,however he is claiming he cannot find another job but we have photographic evidence (just one picture)of him working.We have been told that this is cash in hand and has been ongoing for some months we confronted him about this but he said "i am prepaired to stand up at the tribunal and say i have only worked 3 times for cash since i was laid off". He is still signing on and hoping for a big payout. Will his claim be limited.

[paraffin]

Hi,
I'd like to pretend I knew a lot about this but I don't really.

However, have you considered Googling "Employment Tribunals" which I believe would give you lots of useful information. And don't forget, they are independent, therefore I'm sure you'll get a very fair hearing.

Good luck.

[terambulan]

Why did you lay this person off; was it done in accordance with employment laws, ie 3 warnings/full notice/paid off with holiday payments etc. This may be useful:

http://www.businesslink.gov.uk/bdotg/action/la yer?r.l1=1073858787&topicId=1074200615&r.lc=en &r.l2=1073876974&r.s=tl

Many cases are lost by employees but it's very inconvenient for the employer. Tribunals are the reason Y many employers close contracts before 2nd year is up,

[motomad]

.terambulan, he was laid off due to lack of work,other employees had left previously he was told that he had been selected and he would be paid what he was owed he replied "f*** it kid i'm off "and stormed out .I tried to ring him on numerous occasions having known him for twenty years(he worked just over 2 years for me) but he ignored all phonecalls ,then we recieve solicitors letters about unfair dismissal. Yes i made errors but he really didn't help matters and it seems he can twist the truth to suit himself i feel we have to find proof that he is lyingand i am the bad guy.

[buildersmate]

The basic award is equivalent to statutory redundancy payments - so capped at �330 pw. It doesn't typically cost so much unless you have a real long-service person.
The real killer is the compensatory award - given for loss of earnings. It can be a lot of money.
Any potential award has money reduced if the claimant has had an income stream - so benefits would reduce the amount.
Are you aware that the Employment Act 2008 changed the law a bit in regard to minor non-conformity of the PROCESS by an employer it may have failed to follow, with regard to whether the unfair decision was communicated and an opportunity to appeal by the employee given?
It makes minor slip-ups by the employer less onerous.
Might be worth your company seeking legal advice.
Is this being referred to ACAS for conciliation?

[buildersmate]

My answer constructed BEFORE I read your reply above.
Your company really needs to seek legal advice - it would appear you stand a reasonable chance of stopping this nonsence - if that is the way he responded.

[motomad]

buildersmate,we have legal advice, first solicitor has been referred to the law society as they missed deadlines and gave poor advice.Second seems better but no matter what i say i seem to be on a looser.

[phillipa.d]

Hi Motomad, I can't offer any advice, I'm afraid, but can I ask a question, please? You wouldn't happen to be in South Wales, by any chance, would you? This sounds a lot like something someone I know is going on about at the mo (he's a right to$$er)!! :-)

Good luck, anyway!

x

[motomad]

I should also point out he would not mediate he first wanted 56'000 then due to photographic evidence of him working he said he would accept no less than 10k as he lied and changed his story i said no more negotiations,i will go to the tribunal .I hope yhey see the truth.

[motomad]

phillipa.d
no thats not me.I'm sure there are alot of people who are just trying it on because they can.
Thanks

[phillipa.d]

Wow, just sounded so familiar to a situation my mate's ex is in at the mo, right down to change of solicitors! He's a right idiot, like a dog with a bone, and just likes to argue for the sake of it.

Anyways, hope you reach a successful conclusion, good luck.

x

[terambulan]

Tribunals are quite straight forward and often done by laymen. I did it! I think your case is good but you will need witnesses to the employees behaviour and that you had laid-off others for the same reasons. You and he will be have to give statements that will be questioned at the Tribunal office - they will supply paper work.

You can offer a 'settlement' of �k's to avoid IR checking your accounts etc (usual procedure). If your business is suffering and a/cs are thru accountants I recommend the Tribunal - I found them to be fair & understanding. If you don't face it this time there will be another - its all too common these days.

[motomad]

Thank you to everyone who has replied,it certainly gives me hope that the world has not gone mad.Now we just have to waiy and see!