looking for work after being made redundant?

[LizaM]

Morning all, I would really appreciate if anyone has any advice or info for me on this one.

I was made redundant a couple of weeks ago. My situation is that although I was 'made redundant', I am and still was on Maternity leave at the time. It is very clear that it is not a genuine redundancy but an unfair dismissal and have been to a solicitor who subsequently has written to my former employer.

My question is, if this does go to court, is it "better" for me to be seen to have been actively seeking employment? Does the EAT go only on loss of earnings for the period i am out of work?

Thanks in advance,

 

[angie]

Liza if it does go to unfair dismissal it will take a while. the max you can get is two years pay but if you have another job they will only award you loss of earnings during the time between. As fair as I know there is no penal award at the unfair dismissal tribunal. It is very important to have evidence of having looked for work so you should have all copies of applications etc. If you do not intend to return to work quickly then you should apply for as many positions as possible to have a nice thick file to show on the day. Although in your situation I'd imagine that a decent solr would advise them to settle but they don't seem to ahve had good advice to date so who knows. What I would say to you is that you will win this case they do not have a leg to stand on in my opinion and if I was you and could afford to I would take some time out to enjoy my baby knowing that the case will pay you loss of earnings in the end. They have treated you badly and you should get some advantage from it. good luck. angie

 

[Dipole]

You must try your best to mitigate your loss.

The max award is two years salary but more likely will be whatever your loss of earnings after mitigating your loss are for the next two years.

If you win you will be forced to pay back the stuatory redundancy as you weren't actually made redundant.

Best scenario is to present perfect documentation at the EAT when your case comes up and settle out of court. Labour court will have no sympathy for your employer if you were obviously unfairly dismissed or without due regard for process.
The one thing your former employer doesn't want is a decision made stating that they unfairly dismissed an employee so will be willing to settle but knowing that the EAT has limited power for redress the settlement they offer will be relatively small.

Catch 22, the more employable you are and the better able you are to mitigate your loss the smaller your payout irrespective of how shoddily you were treated by your former employee.

You will have to go all the way. You may find that your solicitor looses their nerve before you do so you have to force your solicitor to take it all the way to court. The solicitor will warn you that there are huge potential costs and there are but if you want to win you must go all the way.
Speaking from experience you will feel much better going through the process rather than letting them win by giving in.