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  1. mariefab/Emmzzi It is both of those things - they say they were acting under "established policies", which do not exist. And these policies were not appllied consistenty or fairly - considering the size of the organization they would have had to have been written down and their impact assessed. None of that happened here. No union agreement either. Cheers
  2. Emmzzi Employers operated and imposed policies and procedures on individuals - said policies caused persons from being able to gain promotion and helped sanctions to be imposed on various individuals. It has now come to light te policies/procedures used do not exist. Cheers
  3. Hiya All I have a very Basic Question concerning Policies/Procedures. If a Employer has acted under various policies and procedures [in a way that targetted/excluded individuals/groups] which turn out not to exist - how would that affect a potential employment tribunal case? How would you explain the non-existance to a Judge? I am sure there will be some in interesting replies so fire away people. Cheers
  4. As I pointed out HR useless - unsure myself plus with pay freeze no details - but its the reasons why I was marked down to the lowest marking which is why it is at the ET. This was just the final straw so to speak.
  5. Hiya Every year all staff get apprased on their performance over the previous year [an annual report basically]. Dependent on the marking which springs from that a person is elligible/or not for receiving a performance bonus.
  6. Hiya Becky2585 as I am so thick on this subject i will lay it out in as specific simple terms as I can: yearly pay appraisal, stopped [not mnded to detail on this open forum why] classed as illegal deduction of wages for 2010/2011 period. £250x1 yearly pay appraisal, stopped - classed as illegal deduction of wages for 2011/2012 period. i.e. a repeat of previous year £250x1 Total = £500 Then I would add in the rest of the Gross Pay normal amounts? not including bonus as do not know what it would have been due to pay freeze in effect at this organization. also supplied pay information supplied by HR inaccurate/chaotic. Yes It is being dealt with under Constructive Dismissal - as I understand it as a "Anticipatory breach" of trust and confidence [all I can say is 'final straw' BUCK*&^% case from 2010 - as judgement not due till next week]. Cheers
  7. Hello all My issues were addressed at et last week and judge instructed I supply a schedule of loss. Now as it was 2 years deduction of wages [set at phr] I have no idea how to do that particular calculation. Could someone more knowledgable about that posssibly post up a small example a dunce like me can use? i.e. is just take two years past pay and lump together? or something else? I have not a clue... Much appreciated. All I will say is there have been some very odd things going on in the back ground around this case. One unusual thing is the direction to use a law changing case from 2010 which i had never heard/seen of when I was researching Constructive cases. Decision day soon. At least I will learn one way or the other if my interpretation of what has happened to me in the main is considered true or not. Cheers
  8. Hiya You might want to have a look at the following cases: Roberts v Barley http://www.bailii.org/uk/cases/UKEAT/2012/0271_11_2004.html Doyle v North West London Hospitals NHS Trust http://www.bailii.org/uk/cases/UKEAT/2012/0013_12_1403.html These are where costs orders were thrown out. If you PM me privately I'll point out the website that highlighted these for the legal position. Good Luck
  9. Good Evening All I have a question [well several actually] about costs orders. Who is responsible for admnistrating them. i.e. The Employment Tribunal or the Respondent? Who is supposed to comunicate to the plaintif the timing and how it is to be handled. The Employment Tribunal or the Respondent? Who is the payment to go to. The Employment Tribunal or the Respondent? What is considered the usual timeframe for the payment of a costs order? A Week/Two Weeks/A Month? [Full ET not due till end of November], leading to the question of who can set the payment timeframe. The Employment Tribunal or the Respondent? Cheers
  10. Emmzzi Thanks. And I fully understand where you are coming from. The ex-head person, she said okay was able to attend for four weeks, then a decision comes in against one she was protecing and suddenly she is no longer available. Hmmmm. Regarding the Union, had no choice, could not afford the subscription while I am on the dole. And I had nothing to lose, they were going to come again with more made up stuff - so why stay and get sacked, maybe by something which they might be able to use to sway a ET with or go at a time of my choosing. I chose the later. Cheers everyone.
  11. Emmzzi No, as no longer working, could not afford to stay in union and going by past experience [have been consulted on staffing matters for others] union has been no help to anyone - in fact has been helping employer in various [local reps are okay] areas to keep things quite, plus impossible to get legal representation/advice [someone I know is still waiting for advice a year and a half later!!! Both Union rep and a solicitor we know say have very strong case]. Did approach a local solicitor who was said to deal with such matters, not interested due to the apparent award that might be payable, did not believe could get constructive. Tried other avenue via Contact Law, same thing happened again so being forced to do this off my own back. That's when I found out there are only handful of solicitor willing to take on these cases across whole of UK, and will only go for one where they are sure you will win. I was sure, as I knew the benchamarking stuff was critical and said so, they weren't. I was homeless [resigning + flat mate ran out of money so we had to go our seperate ways] for a period now in accomodation so unable to claim on household insurance for a solicitor. One amusing thing is the head person who's been protecting these people, said was available for full ET, [delay on the forwarding of the decision on abuse was also amusing, missed two dates they set themselves. Obviously they knew it was going to have a big impact on case], is suddenly not available for the 6 dayer. I wonder why.
  12. Hiya Emmzzi and thanks. I think you are right on the HSE part. Evidence wise I am struggling to fufil the directins so suspect it is going to be dropped. A bummer afer the way I've been treated but there you are. With regards to the markings - it comes down as I understand it did the employer act in a reasonable manner with the polocies/procedures. Clearly in my case it is documeted that polocies and procedure were twisted and hearsay used to justify actions. Where I [and I suspect the Judge at the CMD knew this, which is why she had it listed for a full hearing] have issues is the fact that the detriments that were used against me are have been excluded from any grievance procedure since 2009. In addition the same excluded detriment used against me is itself isn't even listed anywhere on the paper work the issued against me, nor is it in the grievance procedure itself, it was excluded in 2009 after all - they were going for Gross Misconduct before the presiding chairs substanially watered down the recomended/listed detriments. I hope the above makes things a bit more clear why the decision on the abuse of power is so important. i.e., I should never have got the determinents in the first place, hearsay was used, plus managers actually twisted/broke policies and procedures to impose the grievances against me. I have docuented proof of that. Two of the three individuals I talk about above were involved in that activty.
  13. >Hi > >So I think to summarise, you are claiming CD because the appraisal system was unfair to you reflected in > >a) you receiving higher ratings when it was anonymised and based on data alone correct >b) you being the only person of a specific ethnicity only myself and someone else's report were outstanding at the time this occured. I and that person are Non-white. All other persons reports [some not even going through process, but said to have been] done in March this year - my report dragged out to June. >c) other ethnicity related slurs Other than the phrases used back at the beginning as I detail above no. >This also placed stress on you to the point where you were unwell. Collapse occured early last year, saw doctor after hospital visit and other visits and explained stress being put under at work. >Is that a fair summary of events? > >In addition, you advised your employer you had a disability and - what? Did you suggest adjustments you needed? Did they refer you to Occ Health? Had ATOS referral just before I left, due to another health issue in addition to one that put me in hospital ATOS said both would be classed as disability as conditions lasts longer than a year. employer was informed of other disablity when I started job [basically a broken neck limiting me on certain things I could do]. line manager had to sort out ATOS process and implement it, advising HR on what to do. Zero contact or anythiing from HR at all stages.
  14. Hiya all thanks for responding. I lay out a breif decription of the situation below: Issue was Benchmarking of staff - ie a star chamber of managers brought together to evaluate a individuals annual report done by the line manager and countersigning officer [individuals direct managers]. Policy/Procedures used consisted of single sheet. Policy/Procedures not linked to general reporting process or anything else for that matter. When made aware of change from being annouynous, I contacted Union to verify had been run by them - it had not. Email explanation was gibberish. In Fact during walk around breif to staff after concerns registered, persons responsible for change stated did not need to contact union due to significant change they had implemented. Policy used here was out of date as changed significantly this year. no clear appeals process - nothing ever given to staff affected. Data refering to staff was last year annoumous - changed this year so managers know who it is thereby in my case allowing easy vicimisation, and by the same token easy rewarding of favourites. Last year manager who at that time was countersigning officer who I had greviance against, unilatreraly downgraded report after last years benchmarking refused to downgrade it [after I received a deteriment not listed during disiplinary procedure so should have been dismissed]. Same thing happened again this year but this time via the benchmarking process thanks to the change. Of course after what happened last year I knew exactly what was going to happen this year after he and other senior managers ordered that change to the policy/procedures. Individuals were unable when challenged to justify or explan actions in any form. New CEO found them guilty of Abuse of Power via internal grievance investigation - I had by that time left that employment - but the ongong annual report process was suspended by CEO for this investigation. Collapsed due to work related stress. Last year I found out I suffered from a disability. no support ever given/offered by HR. Did put in complaint abut stress being put under qouting relevant HSE regulations - complaint dismissed out of hand by the old CEO who 'consulted' with HR Head the person who the complaint was against.
  15. Evening All I have a question for the more knowlegable people: I have resigned and claimed constructive dissmissal - the reason has been onfirmed as the three individuals - including the racist one have been found guilty of the exact reason why I resigned so its case proved there methinks. I also claim racism due to the use of "not your place", and "not in our culture", and no one for the past 4 years [before, during and after the Greivance, and its Appeal], has been able to explain its use. Now someone who is acting as a go between to their Solcitors [not even sure if person asking this is legally qualified...] are demanding that I give a "comparator" for my treatment, which has got me puzzled and scratching my head. As I do not know of anybody else who I can compare myself to - I didnt work in Hr or talk to anybody else there how can I supply what is being demanded? I also due to health issues put in a disablity claim, same thing there. Reason why I'm asking is that I have a PHR in a couple of days - the main 6 day hearing is due in a couple of months or so. Can anybody give me a bit of insight here considerng the above? Oh, forgot to mention I am doing this on my own, as apparently as solicitors thought the constructive was unprovable, they thought I would get less than the mminum amount so none were interested in taking this up. Kind Regards
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