How long have you worked there?
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. If you can please confirm how long you have worked there for, I will reply to you later today, as I am in tribunal myself for most of the day, thank you
Many thanks for your patience. If you wanted to consider a claim in tribunal then your only option would be for unfair dismissal. You would be arguing that you were dismissed either for an unfair reason or for the employer not following a fair procedure. There are certainly potential reasons to do so here – whilst a dismissal could have eventually taken place, you should have been given the chance to appeal any of the previous warnings, before they were used in a top up procedure to result in your dismissal. What a tribunal may look at though is whether in the circumstances even if you had appealed, would the outcome have been the same. If that is more likely than not, then they could potentially look at reducing your compensation. So even if you are successful and win your claim for unfair dismissal, the tribunal could reduce any compensation you are entitled to if they find that you would have likely ended up being dismissed even if they had followed a fair procedure.
At this stage you are quickly running out of time and you do not need to wait for the outcome letter or any appeal outcome. You must start the process within the specified time limit regardless of all of this. So start looking at this soon to ensure you do not miss the deadline.
This is your basic legal position. I have more detailed advice for you in terms of the procedure you must follow to take this further, 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, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Thank you. A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.
If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement.
The conciliation procedure and the form to fill in can be found here:
In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.
You are welcome, best of luck