Unfair dissmisal

[rpgill1]

Hi there...my first post...I have been dissmised unfiarly..no proper disciplinary procedure and several other problems...I am taking the company to employment tribunal...does any one have experience of such a thing and any idea as to the amount of compensation that may be paid...many thanks...

[dh001]

rpgill1: You may have to expand as to why you were dismissed including how long you were employed by the company etc.

[rpgill1]

I have been employed with the company since 2003 and I was dismissed because I had 3 RTC`s in a couple of months...non before hand since working for them...

[factor-fiction]

What's an RTC?

[redcrx]

road traffic collision, usually

[factor-fiction]

Thanks redcrx- I've only heard term RTA.
Were these your only absences? How many days did you have off?
If the absences were causing the employer concern and they followed a capability procedure involving warnings your dismissal might be considered to be fair. Were you at fault for any of the RTCs? Even if you weren't the absences still occurred- but if you had a good record otherwise with no absences, it would seem harsh.

[tamborine]

Compensation depends on magistrate & JPs attending on the day and the complaint. The basic, if you win, is unpaid holiday, loss of wages in lieu of notice. Compensation is subject to tax.

Its a long drawn out process (6m - 1y) with lots of paperwork on both sides. Employee Bank statements, time sheets, sick days, witness statements for behaviour etc.

[Eve]

Were the RTC's during your job eg in company vehicle or on company time?

[Twenty20]

You need to expand a lot more on this before you can expect a satisfactory answer. Are you asking what the tribunal procedure is, or are you asking about your chances of success? If the latter, then a lot more detail is required as to the circumstances of your dismissal.

You may possibly be jumping the gun right now thinking about how much compensation you'll get before you even get to the tribunal.

[redcrx]

factor, the emergency services call them RTCs now because they are very rarely "accidents", someone is usually at fault.

[fiesata]

If there has been no proper disciplinary procedure followed then you should have a good case - there are many factors which help decide the level of compensation - in some cases however reinstatement may be a remedy.

The tribunal is quite informal in the sense that you can represent yourself but if you are unsure you may like to have a representative with you to help out - good luck

[thugulike]

Tamborine you don't get magistrates or JPs (I thought they were the same) in Employment Tribunals. You do have Employment Judges and Panel members x 2. There is a formula for compensation with maximum amounts.
rpgill check the ACAS website. DId you drive for a living? What was the reason given for your dismissal?

[kinell]

did you have written terms and conditions of employment....usually within a contract or letter of engagement?

if no you will get 2 or 4weeks pay net up to the government limit of £350 / wk guaranteed as this is a denial of statutory rights and a mandatory penalty...generally 4 weeks is paid because the employer has a duty to comply