Appeal failed, where to now?

Anna10

My husband was recently sacked and he appealed the decision. He has just been notified that this has failed. Where does he go from here in terms of an unfair dismissal case - is is the LRC or employments rights tribunal??
Does anyone know how long these cases take - we're figuring 12-24 months?

Bepolite

It's already very late in the day but get an employment solicitor on to this right away, by that I mean stop what you're doing and ring one now. Have a google and ring round a few for prices etc. It would have been very helpful to have engaged one at the disciplinary stage but that's gone now, all is not lost.

You can go it alone, but I would not recommend it.

wmpdd3

Highly recommend solicitor too, I could guess the employer is delighted you haven't already. Also keep every shred of paper related to the issue.

delthedriver

Bepolite wrote: »

It's already very late in the day but get an employment solicitor on to this right away, by that I mean stop what you're doing and ring one now. Have a google and ring round a few for prices etc. It would have been very helpful to have engaged one at the disciplinary stage but that's gone now, all is not lost.

You can go it alone, but I would not recommend it.

+1 An Employment Law Specialist, that means not a solicitor who faffs around with wills and speeding fines!

It is very important to get what it says on the tin!

Feel free to PM if you need a contact name.:)

bbam

I'm going to go out on a limb here..

Should you not draw a line under it and move on... Unless a total cowboy outfit the employer will probably have taken legal advice as part of the appeals process so maybe enaguging a solicitor will just be throwing good money down the drain..

Bepolite

bbam wrote: »

I'm going to go out on a limb here..

Should you not draw a line under it and move on... Unless a total cowboy outfit the employer will probably have taken legal advice as part of the appeals process so maybe enaguging a solicitor will just be throwing good money down the drain..

This is actually a good point, however if the OP gets a good employment solicitor they would make a judgment call on this and advise the OP that this is the best way forward. The issue with this sort of thing is that the OP (OH) is unlikely to get a reference from the previous employer and this can make finding a new job harder. This is why I always advise people to engage a solicitor at the earliest opportunity as they may be able to make any termination more amicable.

In relation to employers and adhering to proper procedures when firing people, at least as many that get it right get it wrong. I'm frequently shocked at the shenanigans of companies which should have experienced HR departments.

Anna10

Thanks for all the advice - the union are going to start LRC proceedings. In the intitial meeting in which he was sacked we were told no third party, i.e. a solicitor, could get involved, so we didn't go down that route. So I'm a bit confused now. Should we consider a solicitor for the LRC or do they take a different route?
Obviously this is all new to us and we're really flying blind:(

Bepolite

Anna10 wrote: »

Thanks for all the advice - the union are going to start LRC proceedings. In the intitial meeting in which he was sacked we were told no third party, i.e. a solicitor, could get involved, so we didn't go down that route. So I'm a bit confused now. Should we consider a solicitor for the LRC or do they take a different route?
Obviously this is all new to us and we're really flying blind:(

The union can be helpful in this situation, the problem is you can get muppetts without a clue in unions. The same can be said for some solicitors to be fair. They are correct that it's unlikely that a solicitor could be directly involved, for example turning up to the meeting, but they can advise. I would still get on to a solicitor, even for an initial consultation, they may say let the union handle it.

Might I ask for a bit more info? What was the area of work? What was the issue? Where the union present at any meetings? What have the union said the grounds for appeal/court? It's completely understandable if you don't want to divulge that info. If you do keep it vague.

Anna10

I obviously do not want to get into the details but during the initial meeting, the job's union person attended and was useless, did nothing and didn't open his mouth. For the appeal, my husband contacted the union directly and got the person who deals with this company - he attended the appeal and was very good apparently, really knew his stuff. He, from the outset, believed my husband had a strong case and said he should pursue it further.

I do wonder whether we should drop it but to be honest, there are so many circumstances and loose ends, I think we would regret it if we didn't see it through...

Mrs OBumble

Anna10 wrote: »

For the appeal, my husband contacted the union directly and got the person who deals with this company - he attended the appeal and was very good apparently, really knew his stuff. He, from the outset, believed my husband had a strong case and said he should pursue it further.

Then why on earth are you posting here asking what the next steps are? Surely the union official has advised your husband about this???

The union official will definitely have access to the union's legal advisor, who will be a specialist in this area.

The only decision for you is whether you think it's worth the grief of pursuing it or not. If that's what you're wanting advice about, then say so, rather than pretendig that you don't have a clue.

Gone West

Mrs OBumble wrote: »

Then why on earth are you posting here asking what the next steps are? Surely the union official has advised your husband about this???

The union official will definitely have access to the union's legal advisor, who will be a specialist in this area.

The only decision for you is whether you think it's worth the grief of pursuing it or not. If that's what you're wanting advice about, then say so, rather than pretendig that you don't have a clue.

This is a work problems forum, I have seen a lot of your posts carry a harsh tone that isn't really necessary.
Surely you could appreciate that some people are in tricky situations and are just looking for friendly advice.

delthedriver

Fuzzy wrote: »

This is a work problems forum, I have seen a lot of your posts carry a harsh tone that isn't really necessary.
Surely you could appreciate that some people are in tricky situations and are just looking for friendly advice.

+1 Op and her OH I guess are feeling stressed enough at the moment. Harsh words are unhelpful. I would prefer to see a few words of encouragement, kindness and support.

Op is looking for advice , info and guidance, not a lecture!:)

3DataModem

What exactly are you hoping to get out of a legal case? Has your husband got another job since?

Mrs OBumble

Fuzzy wrote: »

This is a work problems forum, I have seen a lot of your posts carry a harsh tone that isn't really necessary.
Surely you could appreciate that some people are in tricky situations and are just looking for friendly advice.

The only possible friendly advice here is to talk to a legal advisor.

This OP posted sounding like they had received no advice and no idea where to go next. They only admitted that they had some (from the union official) after questioning. Frankly, I think they are wasting people's time.

For work issues, sometimes the advice that is truthful - and helpful - is anything but friendly, and boards (like a union delegate) can tell the truth in a way that employers aren't allowed to do.

Anna10

Mrs OBumble, I asked two straightforward questions at the start, where to from here and how long does it take? At the time of the posting we had not been told by the union they were going to the LRC. I was, and still am in a complete panic, about how we are going to survive with young kids and a mortgage. So I went on a discussion forum looking for advice, encouragement, a miracle, I don't know, but frankly I'm mystified by your disdain for my posts, so I'll sign off here and to everybody else, I'd just like to say, thanks for your genuine words and advice. I appreciate it.

BeatNikDub

Hope this gets sorted for you OP. I wish you and your family the best of luck, it must be a tough time indeed.

Ray13

If you go to the rights commissioner court you will be waiting about 3 to 6 months depending on what area you live in, if you go to the labour court the wait is currently about 80 weeks.

Tip: if the company have left him short in any wages (be it a few hours overtime, any holiday pay etc or not paid him notice pay -which is likely as it sounds like summary dismissal), put a claim application into the rights commissioner court under the payment of wages act.

Hearings for payment of wages are usually heard within 3 months, and both claims will be heard (for unfair dismissal and payment of wages) at the same sitting as it saves having two separate hearing dates.

If he did not receive notice pay, he should pursue it as he would be due anything between 1 and 4 weeks pay depending on his length of service. Remember one thing, in Irish law, all dismissals are automatically considered unfair dismissals, and the onus is on the Employer to prove otherwise. Best of luck!