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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47363
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Would like to know what rights I have as My employment

Customer Question

Hi would like to know what rights I have as
My employment has been terminated on grounds
Of incapacity to carry out my job. I was seen
By occupational health and they recommend
Redeployment to a suitable job due to my
Dylesiax I also have health issues.
I also took out a grievance against my employment
due to unfair treatment an they did not
Follow their procedure when terminate
My contract.
My union put me forward for Redanunacy
But they seems to be dragging there feet.
I also have an employment solicitor dealing
With this case but is is costing me money.
Plus my employer are not replying to my
Solicitor question about that they have primature
Terminated my contract.
I also took some of my pension 2 years ago
And I was told that the only money my
Employer will pay is 3 months notice pay.
The fact that I work. 20 years don't this count
My last pay will be December with a few days
Annual leave. If my employer is not cooperating
And refuse to pay a settlement agreement
What other option do I have. I miss my dead line
To put my case forward to Tribunal what can
I do next.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. How long have you worked there?
Customer: replied 1 year ago.
I have work with this local authority for 20 years
Expert:  Ben Jones replied 1 year ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query. So as I understand you have missed the deadline to claim in tribunal? When was your employment officially terminated?
Customer: replied 1 year ago.
My employment will be terminated on the 3/1/2016 I am now on server of notice
Expert:  Ben Jones replied 1 year ago.
If your employment has not yet been terminated then you are still in time to make a claim in the employment tribunal. The deadline to claim only starts once your employment is terminated, when your notice period expires. It does not matter when you stopped working, but when the employment legally terminates, which in your case would be on 3 January. This means that any claim in the tribunal must be submitted by 2 April 2016. You may have a solicitor involved but the employer is not obliged to reply to them. So if they ignore your communication then you will just have to consider going to the employment tribunal once your contract has been terminated and you can consider making two claims – unfair dismissal and disability discrimination. If your employment was terminated on grounds of capability then you will only be entitled to your notice period and any accrued holidays – there is no severance payment like in redundancy. However, you can try and challenge their decision if they had not followed a fair process and you can make the claims as stated above. This is your basic legal position. I have more detailed advice for you in terms of what the law expects of an employer when they dismiss someone on grounds of capability, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
I had my first Accas consolation and they had written to my employer who ask for more time
but that was to slow the process down because
They rejected my request by my union Rep
For a settlement payment. My last date to put my
Claim was the 31/10/15.
I am meeting with then in the 21 December for last
Meeting I am very stress and don't know what to do
Because my finances is not good and may not
be able to continue with my claim.
Expert:  Ben Jones replied 1 year ago.
Why was the last day to claim 31 October hen your employment has not been terminate yet?
Customer: replied 1 year ago.
Because I put a graviance against my managers which my employer investigated but with
in true information. I was advice by my union Rep
That my first day for contacting ACAS was the 19th August
so my last date to put my claim was the 31stvOctober
But my solicitor said that my case was not strong
so she advise me not to. She decided that she
Will try and get a settlement agreement from my
Employer. But so far they are taking time to reply
and not answering question ask by my solicitor.
My union Rep then put me forward for Redauancy
and completed an application on the 5 November
but they are not making a decision until mid- December
but I am still not sure if they will agree with this.
Expert:  Ben Jones replied 1 year ago.
From what you say you have not been advised correctly about the deadline to claim, as far as an unfair dismissal claim is concerned at least. The time limit does not start to run until your employment was terminated. This has not yet happened. So one your employment terminates in January, that is when the time limit will actually start. So you are still within time to claim unfair dismissal, in fact it is too early to actually claim as you have not et had your employment terminated.

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