Hello Friends,

I need your help in my Tribunal case.

I was summary dismissed of gross misconduct on 16/11/2012. please below is my ET1 submission:

I was unfairly dismissed based on the following allegations:

1. Misuse of Company time by shopping whilst at work

2. Reprinting customers receipts to obtain PRICE COMPARE coupon. `

Help Needed in these areas

1.

I was singled out and unfairly dismissed for something everyone does in my Branch.

Please, can anyone help me with laws or acts and advice that can back up this claim?

2.

• Management claimed they have CCTV footage of me reprinted of receipts but failed to provide during both in investigation and disciplinary meetings, although I requested for them.

• Also , I requested for my S A R over 4 months ago after dismissal but management had refused to respond.

• Besides, I was not given chance to appeal after I requested in writing within 7 days of dismissal. This Request is 4 months old now.

Again, can anyone help me with advice on (2) how to backup my claim?

3. I have already submitted a claim to Employment Tribunal. I have also received my employers response to my claim and they are challenging.

Also, my employer have requested me for an appeal hearing on 04/04/2013.

Please can anyone advice me, does it worth to attend this appeal? Is it normal for them to do that whilst the case is already in court?

Please help any little bit of advice can steer me to success.

Thanks for reading and your support.

So, that's a bit rambling.

You need to improve the grammar, it is quite hard to follow in places.

Also an ET is interested in only facts. So where you say you believe it was assumption - that isn't a fact. Where you say"tried to intimidate you" you need to say how - what words were used?

On point one your defence seems to be "everyone else was doing it." Then it changes to "everyone was doing it but only the non whites were disciplined"? Is that right? Instead of "particular race" can you just say what race, or we have to guess and it's confusing.

And what do you mean by things being in the hands of ACAS?

Finally, I am not sure if you have a question. How can we help? As a start I'd say, if you only had 200 words to explain the situation, how would you do it? You need to make this succinct and to the point. There's a lot of irrelevant personal opinion at the moment.

So, that's a bit rambling.

 

You need to improve the grammar, it is quite hard to follow in places.

 

Also an ET is interested in only facts. So where you say you believe it was assumption - that isn't a fact. Where you say"tried to intimidate you" you need to say how - what words were used?

 

On point one your defence seems to be "everyone else was doing it." Then it changes to "everyone was doing it but only the non whites were disciplined"? Is that right? Instead of "particular race" can you just say what race, or we have to guess and it's confusing.

 

And what do you mean by things being in the hands of ACAS?

 

 

Finally, I am not sure if you have a question. How can we help? As a start I'd say, if you only had 200 words to explain the situation, how would you do it? You need to make this succinct and to the point. There's a lot of irrelevant personal opinion at the moment.

Hi Emmzzi,Thanks for your reply and advice. 1.I have specify the race issue2.With regard to Acas, I had a letter and telephone call from the conciliator ex-employer and myself so waiting for responds from employer if we could reach a settlement.3. With regard to the "assumptions" do you have any suggestion because I can't think of any help please.My questions1. Is there any prospect in my claim?2. My employer did not give me appeal even though I requested in writing. They trying to do that now on 04/04/2013 @16:00 PM at Slough Branch after receipt of my ET1 because I raised in it. Please do you think it worth to attend? I have received ET3 and their solicitor resisted the my claim.

Ah, I am glad you are talking to a conciliator! That's often helpful.

Yes, I would go to the appeal. You need to show you have given every opportunity for them to put it right. Which I hope they do!

I can't really help in replacing assumptions with facts. You need to say what actually happened - and I was not there to see!

If those are real names or error code numbers which can identify you to your employer or the people named, erase them!

If those are real names or error code numbers which can identify you to your employer or the people named, erase them!

Thanks Atlas they are just code names not real.

Thanks Emmzzi.

Don't you think management appeal is for them to cover their back now that the case is in Tribunal after they failed to give me appeal about 4 months ago?

Yes, I think that is exactly the reason they are having an appeal hearing.

That doesn't change my reccomendation to attend it.

Thanks Emmzzi.

What if they still standby their decision. Meanwhile, their solicitor have challenged my claim and apply for "strike it out". Will that mean I cannot talk about not given appeal any more in court if I attend.

If they change their decision on appeal you can withdraw the ET. But until that happens you just sit tight. "not given an appeal" is only one small part of your case, so don't worry!