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| T O P I C R E V I E W |
| Essie |
Posted - 31 May 2011 : 19:53:01
Hi all,
Please could you help me with a small query?
My company is looking to move offices in the next few months and might be moving miles away from their current location (making my daily mileage jump from 20 miles a day to over 45 and the time in the car more than double too). We have been told that when they move, those that have their own cars will receive a lump sum towards petrol / running costs of their cars.
My question is.... If I receive this lump sum am I allowed to keep this money towards the increased running costs of my car? I went BR in March 2011.
I think I already know that I won't be able to, but I just wanted confirmation. It seems really harsh considering that this is sort of a compensation for moving so far away and is towards these higher costs I will be incurring :(
Many thanks :)
Charlotte
Finally got head out of sand in October 2010
BR March 2011
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| 5 L A T E S T R E P L I E S (Newest First) |
| debtinfo |
Posted - 31 May 2011 : 23:08:03
are you sure that it is unfair dismissal rather than wrongfull dismisal because if it is then;
31.9.163 Unfair dismissal
Where a person believes that they have been unfairly dismissed, they may make a claim for unfair dismissal to the employment tribunal [note 8] (see paragraph 31.9.158). It is then for the employer to show that the dismissal was not unfair with regards to such reasons as the capability, conduct or redundancy of the employee [note 9].
Where the tribunal finds in favour of the employee, it will explain to him/her what order it can make as regards reinstatement to the job from which he/she was unfairly dismissed, or re-engagement to an alternative job [note 10] and ask if he/she wishes the tribunal to make such an order [note 11]. Perhaps unsurprisingly, it is often the case that the employee does not wish to be reinstated or re-engaged, in which case the tribunal may make an award of compensation for the unfair dismissal [note 12] [note 13].
31.9.164 A claim for unfair dismissal does not vest in the trustee
It has been held that a claim for unfair dismissal is personal and cannot vest in the trustee of a bankruptcy estate. This is regardless of whether the bankrupt is seeking reinstatement/re-engagement or simply compensation [note 14].
In simple terms, the reason for this is that the primary remedy for a claim for unfair dismissal is reinstatement (see paragraph 31.9.161), and this is not something that the official receiver, as trustee, can be awarded. The trustee cannot carry on the employment.
Any compensation (including for unpaid wages) awarded in connection with a claim for unfair dismissal will be ‘personal’ to the bankrupt and will not form part of his/her estate in bankruptcy.
31.9.166 Wrongful dismissal
A claim for wrongful dismissal is a claim that the dismissal was a dismissal in breach of a provision of the employment contract. In order to be able to bring an action for wrongful dismissal, the employee must show that he/she was engaged for a fixed period, or a period terminable by notice, and that there were insufficient grounds for his/her dismissal.
Apart from in exceptional cases, the correct forum for a claim for wrongful dismissal is the employment tribunal [note 16].
Unlike in an unfair dismissal claim (see paragraph 31.9.163), it is not the normal practice of the tribunal to enforce the employment contract (to seek to reinstate the employee) [note 17]. The normal remedy where the tribunal finds in favour of the employee is to award damages.
31.9.167 A claim for wrongful dismissal is a claim that there was a breach of contract and would normally vest
Where there is a claim for wrongful dismissal, it is clear that the person has been dismissed and there is, therefore, no ongoing employment contract. The employee is released from the employment contract by the employer’s actions [note 18]. The right to claim for the breach of contract would, therefore, vest in the official receiver as trustee of the bankrupt’s estate (see paragraph 31.9.160).
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| Essie |
Posted - 31 May 2011 : 22:46:45
Hi Debt info,
The OR knows about the tribunal - it is for unfair dismissal due to disability discrimination, harassment, and victimisation following 9 years with my last employer - I was bullied by my boss who took the pee out of the fact that I could never get out of bed in the mornings which made me always late. I have ME and a sleep disorder that has now been diagnosed (Me is a disability under the disability discriminations act). The OR is happy with me to continue with this luckily. I know anything I win will go straight to them.
Finally got head out of sand in October 2010
BR March 2011
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| debtinfo |
Posted - 31 May 2011 : 22:32:40
hmmm, this is an unusual one, it is income not asset so they can only take it if they assess that all your expenses have been paid for and you have a surplus in that month.
On the employment tribunal, have you told the OR about that and what is the employment tribunal about exactly |
| Essie |
Posted - 31 May 2011 : 21:45:02
quote:
Originally posted by debtinfo
are you paying an IPA at the moment
Hiya, not yet. I have submitted my SOA and am waiting to hear back from the examiner. She mentioned during our phone call that she would be writing to me requesting that I suggest a figure that I could afford for the IPA but I have said that I don't know where else I can make cuts so we still have that to argue. I am also going to employment tribunal soon and anything I get from that they know I will pass to them. (I could drop it and drop all the hassle but I feel I should pay something back).
Finally got head out of sand in October 2010
BR March 2011
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| debtinfo |
Posted - 31 May 2011 : 20:16:32
are you paying an IPA at the moment |
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