Ask a Law Question, Get an Answer ASAP!
contract shows employment commenced 29th may 2012
unable to give rating as am waiting for reply while you are offline
Hi sorry I was offline by the time you had replied last night. Can I just check what specific queries you have about this so I can direct my response better. Thanks
I'm back driving shortly will have to contact you later
no problem, come back to me any time
hello,i need advice whether to go via acas for early conciliation or the legal route to claim compensation for unfair dismissal even though I am due to be made redundant next thursday if you believe I have a strong enough case. my employer is in breach of numerous factors having been made aware of harassment,bullying,false accusations,breach of trust and confidence and breach of confidentiality.they have also admitted I have been subject to victimisation and my employer hasn't followed proper procedure for redundancy having been discriminated.
Hello, in terms of early conciliation this is now mandatory before you are allowed to make a claim in the tribunal so even if you are considering making an unfair dismissal claim, you would be required to go through the conciliation service first. Only if the conciliation is unsuccessful would you be allowed to proceed with your claim.
In terms of the potential claim, it is still possible for the employer to legally make you redundant even with all the issues that have been going on, as long as they can show that there was actually a genuine redundancy situation and they had followed a fair procedure. However, if you were selected for redundancy because of what has happened then that could potentially amount to further discrimination, victimisation or detrimental treatment due to whistleblowing. In an unfair dismissal claim it would be for the employer to justify that you were selected for redundancy fairly and that a fair procedure was followed and if they cannot do so then the tribunal could find that the dismissal was unfair and award compensation.
So for the time being you are expected to pursue the internal routes to challenge this, such as appeal fails, then you would be looking at early conciliation, followed by a tribunal claim, assuming the conciliation proves fruitless.
Hope this clarifies your position? If you could please let me know that would be great, thank you
explains much of what I had already found on web.thanks anyway for clarifying advice.
you are most welcome