Groups

    Tribunal against employer they offered 6.500 settlement

    Banned
    I a taking my previous employer to a tribunal for discrimination (national origin) automatic unfair dismissal, wrongful dismissal, harassment, victimization.

    I cannot lose as I did not wrong, the manager even assaulted me. I asked them what was the gross misconduct, I wanted details, but at the PHR they changed the response and canceled GMC. The company is Ltd with just over 40 employees.

    The thing is I can get probably over 50k right?, I did ask for 28k settlement, they have ignored me.

    Big problem is they have a different website sounds quite similar (it says it's holding it for the other company) I am concerned that the company would just change the name of it and say previous company doesn't exist. You hear it all the time on Watchdog, people having multiple Ltd companies. The claim is against the company and not the managing director. Should I take the 6.500, or go for what I deserve for the hell they put me through for 5 months (that's how long I was working there) The manager was given a warning because of what he was doing to me, then at the earliest opportunity he sacked me, just told me to go home!

    Any advice? I have posted this on a legal forum, just thought I would post here....never know who will read this.

    89 Comments

    I thought if you worked for a company for less than 12months they could sack you without having to have a reason.......

    Dont think you can get £50K,

    Most tribunals wont even look at a case with the employee serving less than 1 years service unless its Racial Discrimination - i think!

    £6500 is fair considering you only served 5 months.

    I would get further help and proffesional advice first.

    Um, this sort of advice really should be given by a solicitor. We can make suggestions, but nobody can advise you as good as a brief!

    BFM

    Take the money and run.

    Original Poster Banned

    if its discrimination, 1 year period does not apply, you can work for 1 days and claim automatic unfair dismissal, you can do the same if you pregnancy issues, working on Sunday in betting shop, things like that.

    i am claiming for racial discrimination, on the grounds of national origin

    What race are you? Out of interest

    Original Poster Banned

    white welsh

    live and work in london

    Unfair dismissal is often where the money is at, what are your grounds for automatic unfair dismissal? There are a lot of factors involved here, as others have said best to talk to a solicitor or speak to the CAB

    you need real legal adice...when i was going through a compensation claim i got advised not to accept the 1st offer...that 'they' will usually offer a 2nd, but i can see the problem with the company changing names...go ask your solicitor...they will be the only ones to give you the right advice...after all they are paid for it

    Was the employer white as well?

    Original Poster Banned

    yes but english, there is a proven case, scottish v english some guy against the bbc, and won, based on national origin, so english v welsh irish v scots, all fall under national origin, which is racial discrimination

    Sounds to me like sour grapes and you just want your pay day.

    dont push it......teach em a lesson without goung mental!

    You could a win a higher amount, and then the company will just close and change to the new one, and you won't get a penny. It happens all the time with the likes of clampers and that, they just close up and open with a slightly different name.

    You should have put in a joint claim against the management and the company itself.

    Original Poster Banned

    I'm greedy though, it was only 5 months, but I would have been there longer had I not been sacked. I want to get the most.

    Just like I thought - another classic example of our sad compensation culture.

    No one here knows if what you're saying is true or otherwise - I suppose - but your attitude to it stinks. I hope you get sod all.

    Original Poster Banned

    Obviously they know they can't win as they tried to settle, they claimed I was dismissed for gross misconduct, I asked them to provide details of it, they changed there mind, I didn't do anything wrong, so I deserve to be fairly compensated.

    you need proper legal advice,employment law is a minfield

    Banned

    i know you said you did nothing wrong, but could it be you were just an ****, they didnt like you and nothing to do with being a welsh person?

    woking for 5 months u lucky to 6.5k no tribial will even considor it as the company can just say u were not working out there, they dont have to give any reason to dismiss u if ur on probation which is usually 6 months it sucks but thats likfe mate its also like take the money u were offered as if u go to court and lose ur going to be out of pocket with legal fee's its hard to prove that u were treated unfairly as its ur word vs theres

    Was it a sheep joke that went too far

    BFM

    Original Poster Banned

    wont lose as in discrimination cases you don't have to have a minimum amount of time spent there.
    you wouldn't call an employee indian if he was from india would you, so you can't call an employee welshy either, continually for 5 months

    davedave3;4629784

    wont lose as in discrimination cases you don't have to have a minimum … wont lose as in discrimination cases you don't have to have a minimum amount of time spent there.you wouldn't call an employee indian if he was from india would you, so you can't call an employee welshy either, continually for 5 months



    Um, so the problem was you didn't like the nickname welshy?

    BFM

    Original Poster Banned

    mocking someones accent, throwning a penny infront of you and saying, theres some money for you, plenty more aswell, i cant lose, its just i want to make sure they pay up

    Probly best to see a solicitor then.

    Maybe take £6,500, depends how much it means to you.

    Oh, in your next job might be worth keeping it quiet you sued your last employer, they dont really like that sort of thing

    BFM

    the thing is u have to prove it u can just walk into a tribunal and say they did this and that they can just say no we didnt he was realsed as he wasnt needed then u will need to prove it

    ur old company can say ur mking it up as u were let go it sounds harsh but companys do do it do u have evidance to take them to court??

    Original Poster Banned

    nope have witness's, and why would the company give the manager an oral warning if he did no wrong.

    davedave3;4629953

    nope have witness's, and why would the company give the manager an oral … nope have witness's, and why would the company give the manager an oral warning if he did no wrong.



    if u have witnesses and evidance then take them to court why not like u say u cant lose

    so you can't call an employee welshy either, continually for 5 months



    Seriously, if thats all you have to worry about in your life (being called a welshy), you need to get out more!

    Or failing that, take a close look at those around you who really do have something to maon about.

    Is this your something funny for money.....? Your having a joke?

    PMSL.

    Supermod

    peodude;4629362

    You could a win a higher amount, and then the company will just close and … You could a win a higher amount, and then the company will just close and change to the new one, and you won't get a penny. It happens all the time with the likes of clampers and that, they just close up and open with a slightly different name.You should have put in a joint claim against the management and the company itself.



    Not strictly true. Google the concept of "lifting the veil of corporation".

    Banned

    5 months employment and you expect £56K

    Are you on drugs?

    Original Poster Banned

    it was for the mental torture! it was like being in Guantanamo bay

    Supermod

    davedave3;4630293

    it was for the mental torture! it was like being in Guantanamo bay



    Please tell me you are joking.

    Original Poster Banned

    i know quite a bit actually, am representing myself, had no advice from anyone, and had there barrister trying to convince me to deal, so, but i think 6.500 is not enough, im asking for 27k ish, but if they don't accept looking for 50k ish

    07sanchez;4630116

    Is this your something funny for money.....? Your having a joke?PMSL.



    LOL!!

    davedave3;4630293

    it was for the mental torture! it was like being in Guantanamo bay



    You've need to get a life mate, thank goodness I don't have to work alongside you, I bet you're a bundle of fun

    Original Poster Banned

    i was treated like a slave, i think a good amount for a settlement is a fair reflection of what i had to endure

    Original Poster Banned

    oh a waitress just won 140k from a tribunal against he restaurant employers, it was for sexual harassment only, well I'm claiming for practically everything, and will win each point.

    I hope you get nothing, you welshy welsh sheepsha**er :giggle:

    Original Poster Banned

    the green eyed compensation monster has arrived at my door, and i'm answering, you all would too!
    Post a comment
    Avatar
    @
      Text
      Top Discussions
      1. Surprise! The HUKD Summer Flamedeer Hunt 2017 **OFFICIAL THREAD** (trading …5012489
      2. Back to school: what's your views on your kids uniform and piercing rules e…27149
      3. Best advert ever to be seen.2226
      4. Just heard this...2 ★★★★★★★★★★★★★★ congrats to all on 392k ★★★★★★★★★★★★★★7764718

      See more discussions