Hello, my name is Ben and it is my pleasure to be able to assist with your question today.
By appealing the dismissal all you are seeking is reinstatement, so by offering you your job back you have succeeded in your intended appeal. However, you do not have to accept an offer of reinstatement, especially if the trust and confidence between you and the employer has broken down to such an extent that you do not believe further employment there is possible.
The issue is that when a tribunal considers your claim and the compensation you are due to receive in the event you win, they will look at what steps you took to mitigate your losses. That would usually involve you showing that you had made attempts to find other employment to reduce any loss of earnings you were experiencing following your dismissal. The offer of reinstatement would be a job offer that you had rejected so the tribunal would want to be satisfied that this refusal was reasonable. If they find that it was not, they could potentially reduce your compensation because they will say that you had unreasonably given up the opportunity to mitigate your losses. However, that would depend on the reasons for your refusal and whether they were reasonable in the circumstances.
thanks for that.
thanks for that. I understand that itis difficult but i have proof that they wrote to me and stated if a attempt to return to work they would dissmiss me on capability. This was sent june 2012.so i hope this would help my case. Also, i am claiming
claiming discrimination as they refused to make reasonable adjustments to my job. Can i still persue this even if they say i am reinstated. thanks
yes if you have such evidence it would certainly help and would justify your refusal being reasonable. The discrimination claim will be separate to the unfair dismissal claim so you can be reinstated but still proceed with the disability claim
thanks ben, when it comes to losses, do i need to prove them in the case of discrimination or is a different calculation used.
in a discrimination claim you will be seeking compensation for injury to feelings, although loss of earnings resulting directly from the discrimination can also be pursued
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