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Please can you tell me how long you worked there for? Please can you also tell me when exactly you were dismissed?
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Many thanks for your patience. You are still potentially able to pursue this under employment laws by arguing this was an unfair dismissal, both for the reasons behind the decision and also procedurally. As you have more than 2 years’ service you are protected against unfair dismissal so to legally and fairly dismiss you the employer must show that there was a fair reason for doing so and also follow a fair procedure. So you could challenge the reasons they used to dismiss and also the procedure leading up to the dismissal, such as you being followed and any other concerns you have.
In terms of separate action, that would be quite difficult. Legally there is nothing stopping someone from following someone else and this only becomes an issue if it is done regularly or if the person has expressed a wish not to be followed. In these cases it may become harassment but generally it is legal – after all you have personal investigators following individuals and even one person may follow another without them knowing – it is not illegal.
Recording you is also not directly illegal but it can amount to a breach of trust and confidence on the employer’s part and also if they kept a recording of this it can also be a data protection breach. You cannot take it further unless you have suffered losses as a result, but in this case you have not, the dismissal is a separate matter so there is no possibility of a claim for these things. Therefore, an unfair dismissal claim and a claim for detrimental treatment/dismissal due to making a protected disclosure is still your best bet.
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If you have not yet appealed you may do so directly with the employer. If the appeal is rejected the only option you have is to make an unfair dismissal claim in the employment tribunal within 3 months of the dismissal.
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.