Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Have you been told what happens with the unfair dismissal claim you made?
I was a litigant in person. They ran out of time to give a decision. One of the lay people had a family emergency and so had to leave on the last day. The judge explained that they would make a decision the following week and email both parties at the same time. Yesterday I got an email for a reserved judgment. Claims for racial discrimination and victimisation have been dismissed. I think it is going to be because they were out of time. I rwas abused by a collegaue at work, took out a grievance and had it upheld. 4 months later I was suspended. I believe this was just the end of victimisation. They left me on suspension untill racial discrimination was out of time then sacked me. The judge has found in my favour for unfair dismissal but has sanctioned a 50 % reduction under a reserved judgement. What happens now?
I then get an email from the respondent saying there is a file with more disclosure that just came to light this week and they have sent the information to the tribunal.
Do you mean there was a reduction of 50% in the award for unfair dismissal?
yes, both the basic and the compensatory
I was in and out of hospital, caner treatment and was not sending in my sick notes on time
yes I need to get my response ready, I am still here
Ok a reserved a judgment is a ‘temporary’ judgment if you can call it that, in a sense that the tribunal has made a judgment based on all the information they have but will ‘reserve’ their final judgment until they have had the chance to consider all the information in a bit more detail and behind closed doors.
Saying that, it is not common for the final judgment to be much more different than the reserved judgment so it is now simply a matter of time where you wait for their final judgment and take it from there.
If they have not yet held a remedies hearing then that may also come soon. That is where they decide on the appropriate remedy that you are entitled to, so basically the compensation aspect of the claim.
Once you receive the final judgment you can consider whether there are any grounds to appeal, remembering that you can only appeal on limited grounds, such as on a point of law or procedural errors.
so would late disclosure be a ground for appeal?
generally no - each party has a duty to disclose any documents that are relevant to their case and this is an ongoing duty. However, it would be for the tribunal to decide whether to allow such late disclosure - if they do, that is still allowed but you should be given the chance to respond to it before the final decision is made
ok, thank you!
you are most welcome
it says myself and the respondent should agree settlement with each other
where does it say that?
on the reserved judgment email. It says that claimant and respondent have to come to an agreement and if we cant then there will be a three hour hearing. I have no bargainnig chip. It's just 4 months wages halved
ok I see so it is basically an agreement with the employer or you would then have to go to a remedy hearing and ask the tribunal to make the decision for you. Your bargaining chip is that by agreeing with the employer now would save them additional time and costs for attending the hearing so they could instead pass some of these savings on to you
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks
I'm still confused. I can claim basic and compensatory of 4 months wages but what about pension and being out of work for another 6 months can I not ask for any of that?
Unfair dismissal compensation would usually compensate you for future losses, for example loss of earnings for a period after dismissal until you have found or are likely to find work. You may certainly include that in your negotiations but that is the compensatory award so you would not always get it for the full period you are out of work and the tribunal will decide what is reasonable in the circumstances
ok thank you very much!
My pleasure, hope this has clarified things
it has a lot
Glad to hear it