# Unfair dismissal - reinstatement offer ( what to do next)?



## Green47 (14 Jun 2013)

Case:

Worked in company for 10 years, dismissed for poor performance and not meeting targets. Appealed the dismissal based on failure to follow procedure ; only notified of perf review and implications of not meeting targets in the final and only warning. No contract signed, no performance review procedures. 

They admit unfair dismissal following failure to follow fair procedures and offered reinstatement but I feel I simply cannot return due to broken trust and irreconcilable differences. 

If I go to EAT how do you think it could conclude ??


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## mark1 (15 Jun 2013)

If everything you have stated is 100% accurate you would win an appeal, its a no brainer, whether or not you should bring a case is your own decision but based on the info given the company seems to have taken the old school route to dismissing you. Regardless of having a contract or not you are still protected by employment law and it is very specific about dismissal procedures. My gut instinct from reading your post is if you return they will probably get rid of you again but attempt to follow proper procedures next time. Being honest I don't think it would be worth the mental stress or implications on your health. Hope it helps.


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## Raging Bull (15 Jun 2013)

The EAT would be unlikely to reinstate you against your will. You have to tell them why you couldn't go back. You look like you will win your case


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## Green47 (15 Jun 2013)

I was in a sales role with specific clients who were all told that I no longer work with the company. I even rang myself to have primary evidence and know exactly what they were saying. Yes I would like my job back, it paid well and I was good at it (until they changed targets) but I feel it would be difficult as the trust between us is gone and fundamentally they didn't think I was good enough and only offered me the job back due to there incorrect process of dismissal. So they don't think I can do the job and don't have confidence in me!

So reinstatement is a non runner.. I'm amazed she even offered it to me.


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## RichInSpirit (15 Jun 2013)

If you don't have a job at the moment I'd consider going back, unless you're getting enough money to cover you for 10 years wages or more.
But I'd talk to them before going back and get clearly defined terms and conditions. And try and tease out what the real reason for your original dismissal was.
Maybe the company is sort of money at the moment and that was the real reason.
If they are they may not be able to pay you a big settlement to leave. Going back might benefit all sides.


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## Green47 (15 Jun 2013)

Thanks for the posts. To be honest I couldn't face going back, they were a real shower to work for. Another employer has a bullying case against them at present. Every month is like living on the edge, the stress and grievance is just not worth it. 

I'll proceed to the EAT and see what happens. 

Anyone know what kind of costs ill incur (average with solicitor) by bring claim to there?


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## STEINER (15 Jun 2013)

Green47 said:


> Thanks for the posts. To be honest I couldn't face going back, they were a real shower to work for. Another employer has a bullying case against them at present. Every month is like living on the edge, the stress and grievance is just not worth it.
> 
> I'll proceed to the EAT and see what happens.
> 
> Anyone know what kind of costs ill incur (average with solicitor) by bring claim to there?



Spouse went through this arbitration last year.  Reinstatement was offered by employer but not accepted for similar reasons to yourself.  Didn't go go court.  The solicitor/barrister fees were €5k, paid for from the settlement figure received from the employer.  QED.


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## Green47 (15 Jun 2013)

Thanks Steiner .. My hope is that the company will offer a compensation offer straight away without engaging in solicitors etc. my partner is great at communicating and arguing in circumstances like this!! That's how we got the reinstatement.


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## Time (15 Jun 2013)

Reinstatement is a dangerous thing to agree to as they will simply use correct procedures to discharge you again. 

Let EAT deal with it.


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## Seagull (18 Jun 2013)

Tell them you're not going to accept the reinstatement and ask them if they're prepared to make an offer rather than having to go through the hassle of the EAT.


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## oldnick (18 Jun 2013)

May I ask what ,in terms of money, do you want ?


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## Green47 (19 Jun 2013)

Old nick hope you don't work for his company!! Haha

Honestly if they had offered me €10k last week is have taken it.. That's roughly my salary  since I left. But now I feel that they have tried to pull a fast one on me and they got caught. I know the EAT will only compensate for financial loss but I will be challenging them in future loss also as there are no jobs int field and also they have a clause inu contract preventing me from working with any competitors. 


What do you think?


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## Luternau (19 Jun 2013)

I think the max award from EAT is 104wks (2 yrs) salary-which takes into account future loss. If they offered a re-instatement, this could reduce any amounts awarded for future loss. It's not a lot if your future earnings are greatly impacted. 

There must be a time limit on that contact (competitor) condition? It can't be open ended as this would impact on your right to seek alternative employment in a sector you have knowledge/expertise/skill. Ask your solicitor about this.

You should not discuss any amounts you would like here. Keep things general/non specific-just to be safe.


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