advice pls

[redman22]

i recentley lost my job stage 3 dismissal . on appeal i had the decision overuled i now want to seek compensation .Any advice on how to go about this

[gaza1968]

you should atomiticly recive all lost wages when you return

[headscrewedon]

you should atomiticly recive all lost wages when you return

Is that all he gets ? What about compensation for the stress he's been through, for bank charges on an account that's been overdrawn due to no wages going in, recompense for any lost overtime as a result of not being at work ????

That's the MINIMUM I would want, as well as the backpay

[coxie]

usually all you will get is back pay in wages, if you want compensation then im afraid you are gonna have to take the royal mail to court and sue them for it

[sharonbar]

hi redman sorry to bother you im up tommorow dont know what my outcome will be how long did it take to appeal an get your job back

[headscrewedon]

usually all you will get is back pay in wages, if you want compensation then im afraid you are gonna have to take the royal mail to court and sue them for it

This can't be right, surely ?

What you're saying is, if you're in the CWU and get your job back, you'll only get backpay and no compensation.
But if you're non-union, you can presumably fight RM at an industrial tribunal using a 'no-win no-fee' lawyer, and get both backpay and financial compensation on top ??

[TrueBlueTerrier]

http://209.85.229.132/search?q=cache:Iw ... clnk&gl=uk" onclick="window.open(this.href);return false;

Reinstatement or re-engagement?

The Employment Rights Act 1996
Under s112 of the Employment Rights Act 1996 (the ERA), where an employee has been dismissed and has brought an ET claim, they can request an order for reinstatement or re-engagement. This is only applicable in claims of unfair dismissal. Therefore only individuals who have been dismissed and have had one year’s continuous service with their employers can make the request. The request must be either made in the claim form or can be made later at the hearing.

Reinstatement
S114 of the ERA outlines the provisions for reinstatement. Should an order for reinstatement be made, the employee must be treated in all respects as if they had not been dismissed i.e. their entitlement to all contractual benefits should be restored. Restoration will include terms such as pay, holidays, pensions, and seniority, along with any improvements from the date of dismissal and the date of reinstatement. They should be reinstated to their old job or a comparable job, where that remains available with the same employer.

The order should state
The amount payable in respect of any benefit
Any rights and privileges which must be restores to the employee
The date by which the order must be complied with

Re-engagement
S115 of the ERA outlines the provisions regarding re-engagement. This differs from reinstatement in that an individual can be re-engaged by a successor or associated employer. The job may be a different job, but must be comparable to that from which the individual was dismissed or some other suitable job.

An order for re-engagement must indicate:
The identity of the employer;
The nature of the employer;
The level of remuneration;
The amount payable in respect of any benefits;
Entitlement to any rights and privileges and
The date of compliance with the order.

Re-engagement must be on terms so far as reasonably practicable as favourable as any order for reinstatement. However, this precludes the terms from being more favourable.

Common conditions to reinstatement and re-engagement

1.The employee must wish for either order to be made.
2.It must be practicable for the employer to comply with the order. Practicability must be considered at the time the ET makes the order and then again if the employer fails to comply with the order. The burden is on the employer to show that it is not practicable should they fail to comply with the order in the first instance. Practicability is a matter of fact and not about whether an employer had reasonable objections to the order. It is not necessary that reinstatement or re-engagement be impossible. The tribunal must consider what is practicable in the circumstances of the employer’s business at the time. It is also not relevant just to consider what is possible. For example, it would not be practicable to re-engage someone where, even if it were possible, it would cause serious industrial strife, or where an individual has lost confidence and trust in the employer to the extent that they would no longer be a satisfactory employee.

The fact that an employer has already engaged a replacement only precludes reinstatement or re-engagement being practicable where:

The work couldn’t have been done without engaging a permanent replacement.
The replacement was engaged after a reasonable period, although not having known about whether the individual wanted reinstatement or re-engagement.

If an employee has contributed to the dismissal then this will be taken into account and in these circumstances it is unlikely or rare that an order for reinstatement or re-engagement would be made in these circumstances.

Orders are discretionary
Should an order be made the individual is entitled to all back pay between the period of the dismissal and the re-engagement/reinstatement. Orders for re-engagement/reinstatement are made at the ET’s discretion, they are not mandatory. However, if an individual makes the request for an order the tribunal must consider whether an order should be made.

Failure to comply with an order
If an employer fails to comply with an order and has not shown it was not practicable, and yet has failed to comply with the order, then an additional award of compensation can be made at the tribunal’s discretion. The minimum level of compensation is 26 weeks’ pay and the maximum, 52 weeks’ pay.

[TrueBlueTerrier]

This is also a good resource http://etclaims.co.uk/tag/compensation/" onclick="window.open(this.href);return false;

and http://www.elsllp.co.uk/complevel/complevel.htm" onclick="window.open(this.href);return false;

COMPENSATION LEVELS

If you are successful with your claim before the Employment Tribunal your will be awarded a sum of money. The level of compensation awarded varies from case to case.

For example, there is a standard formula for calculating an employee’s redundancy entitlement. Unfair dismissal awards are a combination of awards which may include a fixed sum of money which is called the basic award, an award to compensate you for your loss of earnings, a sum of money to compensate you for your loss of employment rights, out of pocket expenses and interest. Discrimination awards are for injury to feelings resulting from the act of discrimination. The level of award is calculated by reference to the severity of the injury.

The Employment Tribunal and Employment Appeal Tribunal’s statistics for the period from 1 April 2006 to 31st March 2007 provide the following statistics:-

Average Unfair Dismissal Award £7,974

Average Race Discrimination Award £14,049

Average Sex Discrimination Award £10,052

Average Disability Discrimination Award £15,059

[Exrep]

If you want free legal advice use the unions leagl team Simpson/Millar you can get the number off your rep. At least then they will be able to tell you if you have a claim for compo or not.

Good luck

[TrueBlueTerrier]

If you want free legal advice use the unions leagl team Simpson/Millar you can get the number off your rep. At least then they will be able to tell you if you have a claim for compo or not.

Good luck

After much digging - well 2 minutes here is the CWU Members Simpson & Millar page where hopefully help can be found or at least get you pointed in the right direction http://www.simpsonmillar.co.uk/services ... n/cwu.aspx" onclick="window.open(this.href);return false;

[hantsman]

usually all you will get is back pay in wages, if you want compensation then im afraid you are gonna have to take the royal mail to court and sue them for it

not true im afraid, where are you getting this infomation?