Unfair Dismissal

9
Found 26th Sep 2017
A friend of mine has recently been sacked from his work place. He worked there for over 3 years. At end of July he was made redundant as the company did not know what they were going to do and he was told he till receive a payout. 3 week on he never received this payout despite week on week of chasing to only find he got invited to an interview and was offered his job back after they did a quick renovation in time for August Bank Holiday. After August Bank Holiday he and the rest of his colleagues were all told they have lost their jobs because they broke one of the equipments recently installed. The equipment installed is a Hot Tub and rumours say the contractors who installed it gave a letter to the head office advising the Hot Tub is not suitable for use and the same latter was given to the adjoining shop below. During that weekend the Hot Tub leaked and the head office blamed this on all the staff for causing the leak.

I have spoke to ACAS and following their advice, but what they cannot advise is what can be claimed and what cannot be claimed as they are acting impartially.

The chances of ACAS getting a response from the company is slim and is likely to head towards a tribunal. What I'd like to know are what things can be claimed from the company other than compensation and holiday pay?

Thanks in advance for any comments. I've never done this before so just like to make sure it's done correctly from beginning and he is claiming for what he is rightly owed.
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The maximum statutory redundancy payment for 3 years service is just £1,467 (or 3 weeks pay if less).

The compensation period is determined on how long it is reasonable for your friend to find alternative work - this will depend upon his trade and location.

To win your friend needs to prove unfair dismissal - the simplest thing for him to do is to prove the disciplinary process (if there was one) was not conducted properly (this is where many small businesses fall down).

Have a look at this link..... winstonsolicitors.co.uk/unf…tml
Many thanks for that link. It does clear a lot up
You say they were told? How? Verbally?

Need to find out what the company disiplinary proceduce is because i very highly doubt through your wording that it has been followed.

Companies will usually do an investigation, then may suspend the employee/es in question. However they can go straight to disciplinary, however the employee must be notified in writing of a time/place the hearing will take place with either a trade union member or another collegue present.
I can't add anything constructive at all apart from good luck. I just wanted to say a hot tub! Wow that's a quirky firm to work for.

I've worked for software developers are are known as slightly odd ball (unicycles in the office, nerf gun battles, bow ties and polo shirts, fancy dress days) but a hot tub is a new one on me.
Caroline_199316 h, 4 m ago

You say they were told? How? Verbally? Need to find out what the company …You say they were told? How? Verbally? Need to find out what the company disiplinary proceduce is because i very highly doubt through your wording that it has been followed. Companies will usually do an investigation, then may suspend the employee/es in question. However they can go straight to disciplinary, however the employee must be notified in writing of a time/place the hearing will take place with either a trade union member or another collegue present.


They were told verbally with no investigation. Neither was the disciplinary process followed. None of the colleagues were informed in writing either. It's was all arranged by a txt message arranging a time and place for meeting and everyone turned up at same time.
darlodge2 h, 50 m ago

I can't add anything constructive at all apart from good luck. I just …I can't add anything constructive at all apart from good luck. I just wanted to say a hot tub! Wow that's a quirky firm to work for.I've worked for software developers are are known as slightly odd ball (unicycles in the office, nerf gun battles, bow ties and polo shirts, fancy dress days) but a hot tub is a new one on me.

It's a sauna he works at
pricesavvy5 m ago

They were told verbally with no investigation. Neither was the …They were told verbally with no investigation. Neither was the disciplinary process followed. None of the colleagues were informed in writing either. It's was all arranged by a txt message arranging a time and place for meeting and everyone turned up at same time.


Even if someone was guilty of the offence a disciplinary process has to be undertaken. The fact that it hasn't means that it is automatically an unfair dismissal - your friend should win a case. Have a word with a solicitor - I think they should be able to confirm this.

It is poor that ACAS has not offered this advice. I had dealings with them 20 years ago and they were useless then - sounds like nothing has changed!
Van19738 h, 1 m ago

Even if someone was guilty of the offence a disciplinary process has to be …Even if someone was guilty of the offence a disciplinary process has to be undertaken. The fact that it hasn't means that it is automatically an unfair dismissal - your friend should win a case. Have a word with a solicitor - I think they should be able to confirm this.It is poor that ACAS has not offered this advice. I had dealings with them 20 years ago and they were useless then - sounds like nothing has changed!

Thank you Van1973. I thought exactly the same. I'm reluctant in speaking to a solicitor as he does not have the financial means to get a solicitor, plus I do know that most do advertise No Win No Fee I don't know what cut they may take from any monies awarded.
pricesavvy27th Sep

Thank you Van1973. I thought exactly the same. I'm reluctant in speaking …Thank you Van1973. I thought exactly the same. I'm reluctant in speaking to a solicitor as he does not have the financial means to get a solicitor, plus I do know that most do advertise No Win No Fee I don't know what cut they may take from any monies awarded.


Good question ...

I think 30%?, if I'm not mistaken?.

I could be wrong?.

Worth getting some free advice via such no win no fee people themselves?, and ...

And/or query same via the CAB (Citizens Advice Bureau) too, etc?.

Yep, Canton killed allllll the free Legal Aid in the System when he was on his run (too much legitimate un-dealt with 'issues' he didn't like seeing during his Premiership ... )

It's such a shame (the average bod loses once again).
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