Query about accepting an offer re unfair dismissal

A female friend of mine was let go from her part-time employment of just over one year. This happened shortly after she told her employer that she was pregnant.

She got a solicitor involved on a no foal, no fee basis and there is an offer of compensation from the employer of about 5k of which 2.5k would have to be paid to the solicitor for his fees.

The solicitor has advised her that she is not going to get more than 5k out of this. She wants more compensation. Should she accept what the solicitor says and move on with her life or explore other options?

If she were made redundant she would have received 3 weeks pay at best for one years service, possibly only two weeks and that would be pro rata to a 3 day week, she is doing very well, move on.

Unfair dismissal is not the same as redundancy surely?

Just because you don't want me as an employee anymore because I got pregnant doesn't mean you can make me "redundant", particularly if you can't demonstrate that you now employ less labour.

[broken link removed]

She should get onto the Rights Commissioner and lodge a claim for U.D.
Seems an open and shut case and she could be awarded significantly more than 5k, If she took it to an Employment appeals tribunal she could get up to two years wages. Get a new solicitor who specializes in Employment law. She is being offered a bum deal if you ask me.

She was part-time, the Max is 2 years, if ordinary solicitor wants K2.5 ,how much is an experts costs ?. Looks open and shut case but there is NO guarantee she will get more . If she had a lower-paid part time case , I would err on accept and move on.

Moved from Askaboutlaw to Work, Careers, Employment rights which is where such employment rights issues are discussed on AAM.

Perhaps ring [broken link removed] and ask their opinion on this case.

Similar case reported here. Judge reported they had the power to award up to 104 weeks net pay. The above case was uncontested, and the judge awarded 95 weeks, so if the case is contested, or there are mitigating circumstances, then the award is likely to be less.

Legal fees will escalate significantly if it goes to court though.

Unfair dismissal award for window fitter (2008).

"A window company has had to pay €33k in compensation to a window fitter dismissed for "engaging in alternative work". Mr. X had requested two days unpaid leave from (company) to look after his children while his wife took one child to a hospital appointment. After his car was seen parked close to a bog the company hired a private investigator to ascertain whether he was working at another job. However Mr X assured the Unemployment Appeals Tribunal that his wife had returned at midday and he had been helping a friend and had not been paid for the work."

The above case had been offered €10k original and no job back, however decision was made to fight and eventually won with original job back if wanted, went on for nearly 3 years. This employee was employed for more than 20 years, full time but company had just gone through a sale and apparently new company felt they had too much staff.