Won a tribunal for unfair dismissal but....
Discussion
I just won my year long fight for unfair dismissal but the tribunal will not ask for my re-engagement as I requested. They only intend to ask for compensation.
Can I "demand" re-engagement as I believe this is in my best interest.
Also, what does this mean for my legal employment status? Prior to my victory I was "dismissed", now I have won am I deemed to have "left" or "resigned"? I ask becuase I have an outstanding benefit due from the organisation which will only pay out if I am not "dismissed".
At the moment I feel I have won the battle but lost the war.
Thanks for any help.
Can I "demand" re-engagement as I believe this is in my best interest.
Also, what does this mean for my legal employment status? Prior to my victory I was "dismissed", now I have won am I deemed to have "left" or "resigned"? I ask becuase I have an outstanding benefit due from the organisation which will only pay out if I am not "dismissed".
At the moment I feel I have won the battle but lost the war.
Thanks for any help.
HoHoHo said:
Why would you want to work for the company that dismissed you 
Agreed, that's just f
king dumb, as your working atmosphere will be rubbish will all of the animosity, you'll get the stty end of the stick in regard to work, plus they'll be looking at further [cleverer and more 'legal'] ways of getting rid of you.uknick said:
I just won my year long fight for unfair dismissal but the tribunal will not ask for my re-engagement as I requested. They only intend to ask for compensation.
I'm sure you've considered the ins and outs of re-instatement so have no comment to offer on that. However, your quoted statement does not make sense. Tribunals don't 'ask' for things, tribunals decide employment issues and the parties concerned then have to carry out those decisions.The tribunal can only ask that you be re-instated. If the organisation refuses a further penalty of up to about £18k can be levied against them. Whilst in a perfect world tribunal rulings are adhered to by employers this is not always the case. There is a lengthy Citizens Advice Bureau document on how people have won their case and got nothing even after referring cases to the High Court.
With regard to being nuts to want to go back, I have signifcant redundancy rights which will materialise in the next few weeks as my job was deemed surplus just before I was dismissed.
Plus, I am due compensation for a work related injury which is not paid out if I have been dismissed.
I do not believe my situation is normal, hence my request to know what my employment status is if I am not re-instated.
With regard to being nuts to want to go back, I have signifcant redundancy rights which will materialise in the next few weeks as my job was deemed surplus just before I was dismissed.
Plus, I am due compensation for a work related injury which is not paid out if I have been dismissed.
I do not believe my situation is normal, hence my request to know what my employment status is if I am not re-instated.
uknick said:
The tribunal can only ask that you be re-instated. If the organisation refuses a further penalty of up to abouzt £18k can be levied against them. Whilst in a perfect world tribunal rulings are adhered to by employers this is not always the case. There is a lengthy Citizens Advice Bureau document on how people have won their case and got nothing even after referring cases to the High Court.
With regard to being nuts to want to go back, I have signifcant redundancy rights which will materialise in the next few weeks as my job was deemed surplus just before I was dismissed.
Plus, I am due compensation for a work related injury which is not paid out if I have been dismissed.
I do not believe my situation is normal, hence my request to know what my employment status is if I am not re-instated.
Should this have formed part of your claim?With regard to being nuts to want to go back, I have signifcant redundancy rights which will materialise in the next few weeks as my job was deemed surplus just before I was dismissed.
Plus, I am due compensation for a work related injury which is not paid out if I have been dismissed.
I do not believe my situation is normal, hence my request to know what my employment status is if I am not re-instated.
uknick said:
The tribunal can only ask that you be re-instated. If the organisation refuses a further penalty of up to abouzt £18k can be levied against them. Whilst in a perfect world tribunal rulings are adhered to by employers this is not always the case. There is a lengthy Citizens Advice Bureau document on how people have won their case and got nothing even after referring cases to the High Court.
With regard to being nuts to want to go back, I have signifcant redundancy rights which will materialise in the next few weeks as my job was deemed surplus just before I was dismissed.
Plus, I am due compensation for a work related injury which is not paid out if I have been dismissed.
I do not believe my situation is normal, hence my request to know what my employment status is if I am not re-instated.
Should this have formed part of your claim?With regard to being nuts to want to go back, I have signifcant redundancy rights which will materialise in the next few weeks as my job was deemed surplus just before I was dismissed.
Plus, I am due compensation for a work related injury which is not paid out if I have been dismissed.
I do not believe my situation is normal, hence my request to know what my employment status is if I am not re-instated.
Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff