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blackadder
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Re: Dismissed

Post by blackadder »

has any postie won there e.t. and got there job back ?
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TrueBlueTerrier
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Re: Dismissed

Post by TrueBlueTerrier »

blackadder wrote:has any postie won there e.t. and got there job back ?
Possibly, even probably - however don't have time to do a search myself - anyone can do it if they so wish using http://www.bailii.org/uk/cases/UKEAT/" onclick="window.open(this.href);return false;

However, I am not sure that judgements at an ET are actually enforceable so another question would be has any postie who has won an ET or an appeal and has been awarded reinstatement as part of the settlement actually ever been reinstated.
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POSTMAN
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Re: Dismissed

Post by POSTMAN »

We've had the odd story of compensation being won...
http://www.royalmailchat.co.uk/communit ... 18&t=35746" onclick="window.open(this.href);return false;
I Wrote-During Covid-Which is still relevant now
It's good to get these types of threads, the ridiculous my manager said bollox, so we can reassure ourselves that while the world is falling apart, Royal Mail managers are still being the low-life C***S they have always been.
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fishtank
Posts: 19732
Joined: 28 Sep 2007, 17:22
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Re: Dismissed

Post by fishtank »

IHR'd/sacked unfairly....compo and reinstatement.
Important case this one for alternative duties/reasonable adjustment. :whistle

Postman fired for being fat reinstated
A Royal Mail postman who was dismissed on health grounds after his weight suddenly increased to 25 stones has won his claim for unfair dismissal. He was removed from delivery duties and subsequently sacked when management argued they could not identify a suitable alternative position.

He was awarded £24,000 in compensation and reinstated to his position after medical reports confirmed that he was fit to return to work. The tribunal found that given the size and resources of the organisation, the attempts to find an alternative role to accommodate his medical condition were inadequate and his dismissal through retirement on the grounds of health was unreasonable and unfair .
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General Mannerheim
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Re: Dismissed

Post by General Mannerheim »

TrueBlueTerrier wrote:
blackadder wrote:has any postie won there e.t. and got there job back ?
Possibly, even probably - however don't have time to do a search myself - anyone can do it if they so wish using http://www.bailii.org/uk/cases/UKEAT/" onclick="window.open(this.href);return false;

However, I am not sure that judgements at an ET are actually enforceable so another question would be has any postie who has won an ET or an appeal and has been awarded reinstatement as part of the settlement actually ever been reinstated.
A tribunal can only make a reccomendation that you be reinstated, especially for somebody who is covered under the Equality Act who might have been dismissed unfairly or done them for disability discrimination BUT the employer does not have to comply with it,however if they don't then you can claim additional financial compensation.
As for the original question off Blackadder,There was a case in Southport quite recently,although i think he settled before it got to court and got his job back,and there was this famous one.http://www.royalmailchat.co.uk/communit ... lit=Goldie
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flaminmoses
EX ROYAL MAIL
Posts: 819
Joined: 05 Jul 2009, 14:17
Gender: Male

Re: Dismissed

Post by flaminmoses »

General Mannerheim wrote:
TrueBlueTerrier wrote:
blackadder wrote:has any postie won there e.t. and got there job back ?
Possibly, even probably - however don't have time to do a search myself - anyone can do it if they so wish using http://www.bailii.org/uk/cases/UKEAT/" onclick="window.open(this.href);return false;

However, I am not sure that judgements at an ET are actually enforceable so another question would be has any postie who has won an ET or an appeal and has been awarded reinstatement as part of the settlement actually ever been reinstated.
A tribunal can only make a reccomendation that you be reinstated, especially for somebody who is covered under the Equality Act who might have been dismissed unfairly or done them for disability discrimination BUT the employer does not have to comply with it,however if they don't then you can claim additional financial compensation.
As for the original question off Blackadder,There was a case in Southport quite recently,although i think he settled before it got to court and got his job back,and there was this famous one.http://www.royalmailchat.co.uk/communit ... lit=Goldie

what happens if in my "remedy" i put down "i want to be re instated"?
Tman
Posts: 4144
Joined: 21 Oct 2007, 09:57

Re: Dismissed

Post by Tman »

You'd be limiting your options. It's not RM policy to reinstate anyone, and although some have, it's a very small percentage of those who've won thier cases against RM.
Usually RM just pay the cash to get rid.
flaminmoses
EX ROYAL MAIL
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Gender: Male

Re: Dismissed

Post by flaminmoses »

In what way would i be limiting my options?

I would have thought utting down compensation only would have been limiting my options.
hantsman
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Re: Dismissed

Post by hantsman »

flaminmoses wrote:In what way would i be limiting my options?

I would have thought utting down compensation only would have been limiting my options.

It only comes up if you win your case, so what you put now is not cast in stone and can be changed later.
hantsman
EX ROYAL MAIL
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Gender: Male

Re: Dismissed

Post by hantsman »

TrueBlueTerrier wrote:
blackadder wrote:has any postie won there e.t. and got there job back ?
Possibly, even probably - however don't have time to do a search myself - anyone can do it if they so wish using http://www.bailii.org/uk/cases/UKEAT/" onclick="window.open(this.href);return false;

However, I am not sure that judgements at an ET are actually enforceable so another question would be has any postie who has won an ET or an appeal and has been awarded reinstatement as part of the settlement actually ever been reinstated.

Rm can be ordered by the ET to reinstate but they can't be forced, what happens is the compenstation is up lifted by around 25%
I think RM do normally reinstate if told to do so, they have alot of places to work so not a small firm.
Jayfin
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Re: Dismissed

Post by Jayfin »

I always thought if you took a company to an et and won they would have to reinstate ,that's the point of a et an independent view on the case . If they've made mistakes dismissing a worker its a win win situation for rm , they've got u of the wage bill and if u win pay u a little bit if compo . No pension to pay into and on my case anther 25 years of wages . Seems slightly biased towards the employer especially if et awards you the case . So I agree with the points raised above .
hantsman
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Re: Dismissed

Post by hantsman »

Jayfin wrote:I always thought if you took a company to an et and won they would have to reinstate ,that's the point of a et an independent view on the case . If they've made mistakes dismissing a worker its a win win situation for rm , they've got u of the wage bill and if u win pay u a little bit if compo . No pension to pay into and on my case anther 25 years of wages . Seems slightly biased towards the employer especially if et awards you the case . So I agree with the points raised above .

Ring ACAS Jafin they will no doubt tell you the same.
Jayfin
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Gender: Male

Re: Dismissed

Post by Jayfin »

I agree with what your saying hantsman , obviously I haven't been to an et before , just thought if you won your case companies had to reinstate . Unless you win a massive payout it doesn't seem worth while if all your going to receive a small payout . Doesn't compensate for no pension and loss of earnings .in this climate of finding alternative employment .
hantsman
EX ROYAL MAIL
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Re: Dismissed

Post by hantsman »

Jayfin wrote:I agree with what your saying hantsman , obviously I haven't been to an et before , just thought if you won your case companies had to reinstate . Unless you win a massive payout it doesn't seem worth while if all your going to receive a small payout . Doesn't compensate for no pension and loss of earnings .in this climate of finding alternative employment .

Its up to you, but you won't know until you try at the ET. Don't regret it years later that you didnt give it a a go.
flaminmoses
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Re: Dismissed

Post by flaminmoses »

may i ask jayfin.

how long has the policemans heel been going on for??and when did it start?