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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46182
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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What is the formula from dismissal from work to early

Resolved Question:

What is the formula from dismissal from work to early conciliation to making a case at a tribunal, please ? Time wise, how does it work.

ACAS have confused me with their explanation and my union lawers help line appear to have given me the wrong deadline for claiming.

(They have turned down my case on the basis that I have a less that a 51per cent chance of winning)

Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. firstly can you give me the reason for dismissal please.

Customer:

It was listed as 'other'.

Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Customer:

Hello, I was hoping for answer as I have to make a decision this evening and subm.it my form for the tribunal.

Ben Jones : Hi sorry I did not realise you need an answer this evening. When was the dismissal?
Customer:

It was on 15/7/14

Customer:

Early conciliation started on 20/8/18

Customer:

Certificate was issued on the 18/9/14

Customer:

How long have I to apply for the industrial tribunal? I have been given conflicting advice!

Ben Jones :

If you were dismissed on 15 July, then under the old system you should have submitted your claim no later than 14 October. However, with the introduction of the early conciliation scheme there will be an extension to this time limit, which is calculated as follows:

Basically the clock for claiming stops on the day on which you contact Acas by telephone, or the day on which your form is received by them. It starts again the day after your certificate is received.

Where the ordinary limitation date falls in the period between the day you started EC and one month after the day the certificate was issued, the deadline to present the claim will be extended to one month after the latter date. This was the case with you – the original deadline was on 14 October, which was less than a month after the certificate was issued on 18 September. This means that the deadline will be extended by a month to 18 October, which is today.

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

Dear Ben,

Customer:

Sorry I have not been at home to pick up your answer. MY daughter checked and told me it was there.Everyone involved in my case has given a different answer and as I did not get your reply in time I went with the earliest one which was the 17th October and made my application.

Customer:

The CAB worked out it was in early November, the Union solicitor gave me another date. I made it another date and a union rep gave me yet another date.

Customer:

I think this formula is a bit miss leading but added to the stress of being dismissed, early conciliation process and then sifting through masses of evidence, for my claim, it is not surprising I can't get to grips with it! To top it all ACAS was pessimistic in the extreme and were very unhelpful explaining the process. There answer for not being able to clarify the procedure was that it could taken as giving me legal advice. I don't really understand this is it should not be a secret and who best to explain it than ACAS!!

Customer:

I will give feedback a.s.a.p.

Ben Jones :

I understand but ACAS are not legal advisers and this is also a brand new process which not everyone may have experience in so to someone who is not experienced in it, it could still appear somewhat confusing. But ACAS are just there as informal advice and if you wanted proper advice on this matter you would have been expected to approach your own lawyer

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

Yes Ben,

Customer:

Thank you.

Ben Jones :

you are welcome, all the best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46182
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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