help with rights, unfair dismissal/ redundancies??

moretothegirl

not sure if this is the right place but basically ive been battling with lawyers etc for months now and finally have been granted that i was dismissed unfairly and advised to be given a certain amount of money.

my problem is that my solicitor has just told me that i cant get both my unfair dissmisal and my redundancy money (which makes no sense to me at all). im very angry as my redundancy is worth more than the some of money advised from the unfair dissmissal.

i feel as though all the money ive been putting into this case with lawyers etc and the last 10 months have just been a complete waste.
can anyone tell me is this true, and if so can anyone explain to me why its this way?

moretothegirl

moretothegirl wrote: »

not sure if this is the right place but basically ive been battling with lawyers etc for months now and finally have been granted that i was dismissed unfairly and advised to be given a certain amount of money.

my problem is that my solicitor has just told me that i cant get both my unfair dissmisal and my redundancy money (which makes no sense to me at all). im very angry as my redundancy is worth more than the some of money advised from the unfair dissmissal.

i feel as though all the money ive been putting into this case with lawyers etc and the last 10 months have just been a complete waste.
can anyone tell me is this true, and if so can anyone explain to me why its this way?

any ideas??

watna

We can't give you legal advice here so you should really listen to your solicitor. If you don't think he's right consult another solicitor and get a second opinion.

Shelflife

well either you were unfairly dismissed or made redundant, it cant be both, if you were dismissed you wouldnt be entitled to redundancy.

you cant have your cake and eat it.

Nody

Shelflife wrote: »

well either you were unfairly dismissed or made redundant, it cant be both, if you were dismissed you wouldnt be entitled to redundancy.

you cant have your cake and eat it.

This sounds correct but I'm not a lawyer nor is this legal advice.

Newaglish

From http://www.citizensinformation.ie/categories/employment/unemployment-and-redundancy/dismissal/unfair_dismissal

Redundancy

Under the unfair dismissals legislation, redundancy is considered to be a fair ground for dismissal. However although a redundancy situation exists, you may have grounds for complaint if the manner of your selection for redundancy was unfair. You may qualify to bring a claim for unfair dismissal if you consider that you were unfairly selected for redundancy or consider that a genuine redundancy situation did not exist – see ‘How to apply’ below. Unless your employer can prove there was a genuine redundancy situation and that fair procedures were followed, your dismissal may be found to be unfair. If you make a claim for unfair dismissal, you cannot also claim redundancy.

Fair redundancy = Redundancy Payment
Unfair redundancy = Unfair dismissal

It can't be both I'm afraid. In theory you can try to negotiate a higher settlement with your former employer if you feel the amount given for the unfair dismissal (or appeal the decision if made by the court / employment appeals tribunal)

It's up to you whether you think it's worth the hassle or not.

tarak5

Sorry to hear about your troubles at work.

I'm experiencing problems with unfairness at work.

I have no idea as to who I should go to. Where do I go for legal advice outside my company.

Do you have any contacts? What type of organisation do I contact other than a solicitor? What should I expect?

thanks
Tara

Wishbone Ash

moretothegirl wrote: »

and finally have been granted that i was dismissed unfairly and advised to be given a certain amount of money

Were you given the option of reinstatement to your former position?

If you were compensated as a result of being unfairly dismissed, it may be because your position no longer exists. In that case, you cannot also claim a redundancy payment.

Do you have the option of taking the redundancy payment instead of the UDA payment?

Shelflife wrote: »

you were dismissed you wouldnt be entitled to redundancy

The OP was deemed to be 'unfairly' dismissed which is different to someone who was legitimately dismissed.

Newaglish wrote: »

Fair redundancy = Redundancy Payment
Unfair redundancy = Unfair dismissal

From the OP's post. it appears that she was unfairly dismissed long before her employer made her position redundant. The two are not connected.

GoneShootin

watna wrote: »

We can't give you legal advice here so you should really listen to your solicitor. If you don't think he's right consult another solicitor and get a second opinion.

^^^