Unfair Dismissal Case - earning more in new job, so might not get compensation

[sean2011]

Hi all,

Anyone been in this situation before?

I have an unfair dismissal case pending appeal to the Tribunal. On the 1st consultation yesterday, my solicitor mentioned that as my new job effectively doubled my salary, it might be argued that I've suffered no economic loss through having being unfairly dismissed, and thus, even if I won, I might not get anything.

Is this risk serious enough to discontinue the case, or is the solicitor simply covering their back for an unlikely eventuality? opinions pls!

I was unemployed for 3 months and suffered reputational damage (I'm pretty sure that the lack of a reference from the most recent employer cost me at least 2 potential positions).

cheers!

 

[Art]

You are only compensated for your financial loss under the Unfair Dismissals Acts - so the most you'll get is three months salary which is the period for which you were out of work. It doesen't matter what it cost you in terms of reputational damage - the UD Acts don't take account ofthis.

However that said you only have to reveal your actual earnings at the tribunal hearing. I would get your solicitor to try and negotiate with your former employer beforehand and not let on anything about your increase in salary. If they are afraid of losing the case and are unaware of the extent of the liability they may well end up settling and you may get more than you would get from the Tribunal. Insist on getting a reference from them as part of a settlement also.