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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47388
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Quick question if you are dismissed but acas has advised you

Customer Question

HiQuick question if you are dismissed but acas has advised you have a strong case for appeal so you have to appeal first with the employer before you take it to a tribunal? And what is the process of taking it to a tribunal?Thanks
Submitted: 15 days ago.
Category: Employment Law
Expert:  Ben Jones replied 15 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 15 days ago.

When did the dismissal take place?

Customer: replied 15 days ago.
Yesterday
Customer: replied 15 days ago.
I don't want the job back due to how I was treated but I would like to take it further
Expert:  Ben Jones replied 15 days ago.

There is no legal requirement to appeal a dismissal and to be honest if you do not want your job back there is no pint in making an appeal. By appealing all you will be asking is to get your job back as that is the only potential outcome of the procedure. So if you wanted to challenge the dismissal itself rather than try to get your job back, you should consider initiating the tribunal process.

Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through ACAS.

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300(###) ###-####

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Expert:  Ben Jones replied 12 days ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Expert:  Ben Jones replied 11 days ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks

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