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Everything posted by rightsforme

  1. Hi Despite identifying the relevant laws which prove that laws, procedures and bias has taken place in this case and the judgement contravenes Article 6 rights to justice and the judgement is illegal, the courts refuse so far to look at the evidence in this case and Justice has been denied showing just how corrupt our legal system is. However I am determined to continue and will not stop till Justice is both done and seen to be done. At the present I cannot say too much as I am looking for a legal professional that would be both able and willing to take on this case as the denial of justice has further escalated this case to the rule of law being ignored by our justice system leading to a further contravention of human rights. This is not easy an easy task as we do not have the finances to pay for the services of a qualified and capable professional in this field, we therefore need to obtain volunteers that are willing to help us work on this together for free that have knowledge, experience, qualifications, ability and some time spare that are passionate about obtaining Equality In a Justice system that currently ignores the rule of law causing illegal judgements and miscarriages in justice for many without sufficient finances to challenge.
  2. we need more like this man very well said
  3. Rule 3.10 hearing AT EAT now held, but still refused so have to go apply for leave to appeal. Elass Rep was a great help and amended my application to three pages of law. He explains that the error of law is that the judgement is not meek compliant as it fails to address or deal any of the issues or points of law put before it regarding the claim and omits in entirety how it made such findings based on the actual evidence before it, the evidence of which supported the claim and no tribunal on full appreciation of the evidence could come to such decision. The entire judgement is perverse, it is factually incorrect and no evidence supports the findings made. The omission of reference to all real factual evidence including that of a document of the respondents own evidence, clearly shows the tribunals findings are factually incorrect and questions why it chose to dismiss, ignore and failed to address the issues and ignore and dismiss real factual evidence and instead accept the respondents witnesses views of opinion evidence whose credibility is provably unreliable and were lying and gave perjured and misleading evidence, deliberately in order to pervert the course of justice. The Tribunal which make factually incorrect findings by accepting the views of the respondent's witnesses which is not supported by evidence whilst dismissing and ignoring relevant factual evidence supported by statutory and case law gives the appearance of bias as the tribunal substitutes its own view for that of the respondents, which it is not allowed to do and fails address or to make findings regarding relevant matters and misapplied the law. The judge additionally has a very close direct family member working for the respondent and the respondents legal representative is also an employment judge which in my opinion and others I have asked definitely leaves any fair minded person to question the possibility of Bias, questions the rules of impartiality and rights to a just and fair trial and denies natural justice and brings the judicial system into disrepute. Seems perversity is not classed as a legal issue as it in failing to address the issues were before the tribunal omitting all references to the evidence presented in support and not giving reasons is classed as a meek failure to address and give reasons and not perversity, which requires the judgement to make findings in reference to the evidence perversely. The Elass Rep has said I had done really well in researching and preparing the argument for my friend’s case as I had submitted a written summary and submission of the case presented, it was easy for him to identify numerous key legal errors, which the judgement addresses none of, however the EAT still refuse to address this miscarriage of justice and I am applying for leave to appeal. I am determined to obtain Justice and any help regarding the appeal and where to send the various complaints to would be appreciated. I have a little better idea of how to write things but still very much a learning curve.
  4. I am on IR ESA. My appeal was heard and the tribunal ruled in my favour under the special circumstances rule that it would cause detriment. I was also awarded DLA mid rate care and low rate mobility. My DLA was due for renewal just before christmas in december 2013 which my support worker was going to help with as i have great difficulty in dealing with DWP, and as I had still not recieve a renewal application which my support worker knew was due. Not having had the renewal application and with it being so close to Christmas i thought that maybe i had got the wrong dates so contacted DLA as I to check renewal date in case i had got the wrong year. I was informed that my DLA had just ended and the last payment had just been made and I would therefore have to make an application for pip and given the number. I asked why i had not had my renewal application and was told I could write in a complaint but would have to apply for PIP, I therefore had to call and make a application for PIP and contacted my support worker for help and advice. My next payment of ESA was due to be in my bank 3rd January, however no payemt was made and my account is now overdrawn with bills due to go out that will not get paid and lead to charges on my account. I was also due to have an examinination and treatment with a specialist doctor which i have had to cancel as I pay this myself as it is not available on the NHS. I rang DWP and was told that my ESA has stopped due to the application for PIP and got exteremely distressed and shouted due to the nature of my illness, which is why my support worker or carer normally deals with them as i cant without getting distressed and she hung up on me. I have the call recorded i did shout and get distressed but was not rude just distressed and shouted about the predciament they had put me in as i am trying everythong to deal with my disability in order to get back to work including paying for treatment and this sort of thing keep setting me back over and over. I cant take much more. Sorting out my DLA/ PIP has nothing to do with my ESA entitlement and i have been left with no money at all to live on whille my support worker tries to get this sorted. My support worker suggested trying to give them another call to hopefully get to speak to somone who will be more understanding towards my illness, but i cant, my carer is not available today and my support worker is unavailable, i dont know what to do.
  5. The rights do not just apply to criminal trial they apply to all courts including tribunals. article 6 of the european convention of human rights . I dont have the exact thing to hand at the moment but as I am currently preparing skelton argument i will post further details when i get to thet section of argument as I will have to quote some of the exact phrases within article six. Case law is not exactly advisory as such it will verify what the leading case is, and what is done is that each side will attempt to find case law which supports there case and attempts will be made to try to present a difference as to why that case does not apply. In my judgement the judge has admitted that the case would clearly mean unfair dismissal however he has attempted wrongly to claim a difference by wrongly misapplying the aspect of the case. For example in this particular case the respondents had a legal duty to investigate further once the claimant had given a medical reason for the error he made which was being classed as misconduct. They did not so in order to find for the respondent the Judge has changed the criteria to one that would not be covered by dda or 2010 diasability, despite the fact that the respondents have conceded that the claimant is and was at all times covered which was done based on factuall sickness and work records and ommited reference to these in judgement and ommiited any mention of the detaioled questioning of these by the panel mebers and myself.
  6. Carrying out the admin for the company i was awaare of the companies various different trading names which i was led to believe were different companies. The director had changed the name of the part of the company i worked for for legal registry documents just before i was constructively dismissed. I was employed under the original company. I looked up the company and noticed that he had filed for dissolvement so additionally i checked out the other company name which was trading. It was then i realised what the other companies really were and i checked on companies house and found that this was a pattern they used they would trade under a company then disolve it and operate under a different name. I spoke with someone from companies house about this and he informed me that i would need to write in a letter objecting to the strike off enclosing evidence of the legal proceedings. I then also wrote a letter of complaint for there practises and gave them as much information as i knew for them to investigate. I wrote to companies house vetting section, companies house will be able to give you there address. the following is the introduction of that later minus personal details. I emailed companies house with the following to both object to dissolution, which has now been suspended until xxxx and to also ask for investigation of the director and his various companies. I have been given your details with regard to my suspicions of corporate abuse, which I believe from what I have discovered involve serious misconduct, fraud and the running of phoenix companies, below is a copy of the mail sent. I also attach a copy of judgement against the company, Letter of refusal to pay and a further request for settlement, which should help in your investigation, and shows the corporate abuse involved. Please do not hesitate to contact me should you require any further information. I also rang the contacted the tax office and NI and they had no record of the company or the payement of any tax during my employment despite me having wage slips. The tax office were able to send me confirmation that they had no tax records paid for me during the time of my employment even though my wage slips state otherwise. My representative did try to bring this up at a prehearing to reinstate my claim prior to the main ET hearing but the judge wasnt interested in that but my claim was reinstated. The ET had incorrectly thrown out my case which I only found out had happened after chasing up my ET hearing date as I had heard nothing and I had not responded to a request sent to me that i not recieved and the respondent had asked for the claim to be thrown out. The ET had made an administrative error and posted it to the wrong address so we had to have a hearing to reinstate my claim. I additionally selected to recieve an email alert on the companies registered and still live so that any changes would be alerted to me immediately. Hope that helps
  7. Well said and Snap I intend to take it higher too and will continue to fight to expose and stop this happening to others.
  8. Well done sheila I will certainly be looking at your site and would most certainly employ you if I were an employer. I am helping a friend with appeal which is most definately a misscarriage of justice and leads me to have no faith in the justice system for when it invloves well know companies that judges have strong family connections with and judges presenting to a fellow judge. Appearance of bias most definate, ignoring legislation and factual evidence making findings of fact on non factual evidence of those employers most definately substitution for respondent etc etc i could go on. I am challenging such a case at present which i never expected to have to do as this had much more evidence than my own tribunal which I won within half an hour of start and was on constructive dismissal and one of the hardest to prove as evidence was merely my word against theres and the case im assisting with has so much factual evidence and case law which proves it yet here I am having to take matters further to try and obtain justice. If this was a criminal case it would never stand any chance whatsoever and does not allow a person to claim a verbal allegation was made to them from a third party and find a person guilty without investigating and obtaining witness statements to support that an allegation has been made and not giving a person an opportunity of defense is against the rules of natural justice that we all have rights too.
  9. With regards to recovery and getting him made personally liable I dont know if this is any help to you but I won my award in ET and respondent had attempted same. At the time I reguarly monitored the status of his companies as he had a number of company names for the same company and therfore I saw that he had made an application to strike off and contacted company house to inform then of the proceedings, so I was able to write in and object to strike off and send in evidence of proceedings. I also made enquiries with the authorities and additionally found that tax and n/i had not been paid by the company and they had no records at all of the company names he was trading under and I reported him to the authorities. Duringthe period of the stay I applied to the courts which only includes a small application fee and is added to the debt along with interest for the director to be made personally liable as he was ouright refusing to pay and didnt think he could be made personally liable. He failed to appear at the hearing and he was made personally liable even though it was a limited company. I still have not recieved my award yet as he still thinks he can ignore it however I contacted high court sheriffs and am informed that I have 6 years from the date of judgement in which to recover the debt which is occurring daily interest and and the cheapest option to try first would be high court baliffs which only involves a small court fee on appliction as it is an ET judgement and they will try to recover the debt for me, if they cannot then I can look at other options such as instigating bankrupty proceedings against him etc which is more expensive. Regarding the appeal I agree this sounds very odd as you do only have 42 days to appeal. I am assisting a friend with an appeal which was rejected at sift and from there you only have a further 28 days to resubmit a fresh appeal, this was also rejected and the only option after this is to submit a request to be heard before the judge which was only submitted a very short time ago and that hearing is to take place this year. Both the ET and the Respondents solicitors have been copied into this by the EAT even though they do not have to attend this part as it is only on whether they will allow it to proceed. If it is allowed to proceed then the respondents have to respond and they have a time limit for that response so I cannot see how he is saying about feb and august 2014 seems something there is not right.
  10. From my research it depends on whether the lies told would indicate a contravention of article 6 rights to justice. I have been researching a lot on this as I am assisting a friend with taking a case to higher courts as the lies in that case are referred to in judgement as factual findings which amounts to perjury and perverting the courts of justice and brings the justice system into disrepute which has additionally led to a miscarriage of justice and is error of the ET for substituting its own version for that of the respondents as the findings are not supported by factual evidence and misapplying law etc I suggest that you carry out some research on your own case, identify the relevant law and procedures that the ET had to apply by reading the legislation to be applied and tribunal rules and procedures in full as well as practise directions. Additionally read the criteria of the lead cases which have to be followed such as burchell if its unfair dismissal and research and read cases with similar to find case law. You can find the transcript of cases on the tribunal services site, Bailii, Biall or by various other sites. Make sure to research well check that the case is the most valid and has not been overuled by a later case. Then go through the judgement and reasons and see if you can identify either legal errors, perversity or apearance of or actual bias. Hope this might help. It is a hard job and I wish you good luck and hope that you can find somthing that might aid you to obtain justice.
  11. Hi billybob, Nice to see your still around and helping others after your ordeal and disappointing outcome. Have not been on for a while as have been busy preparing resubmission of EAT 1 has our first one has been rejected on sift, interestingly it took a while and rang EAT advisor who told us it had been to 4 judges but had to go to 5th before decision, though result only came through with one judges name, which I am informed is highly unusual. Have now rebsubmitted application on grounds of law, pervisity and bias along with application for ET panels notes and application for submission of new evidence which conforms to ladd v marshall and is 100% proof that the respondents commited perjury and falsified the allegation against the claimant. They dismissed the claimant on gross misconduct claiming allegations were made against him. They based their evidence of this on an illegible email conversation, done after the event and which was unreadable to the tribunal. I transcribed this email as it did not in fact support such claims and was thanked at the ET for doing so. There explanation for the date being after they had decided terms of reference was that the allegation was made verbally by the person and the ET ignored my legal defense in which I also submitted recent case law and have substitued their own decision for the respondents, therby ignoring section ERA 98, and the burchell test plus various other case laws. The judgement is both perverse and for a number of reasons leads to the impression of bias. I have since contacted the said allegor who was shocked and surprised to learn of their involvement, they have provided a statement of this effect and also given further details of the facts the claimant would not be privy to in his role. Obviously this was not available at the time as the respondents refused to give the claimant any opportunity to defend the allegations and ignored his disability, stating the email was his statement even though it dated after the terms of reference were made and was illegible to the ET. When correctly transcribed it does not support such claims and there is no evidence for the terms of refence used, which were predetermined in order to dismiss the claimant. Now waiting for response to see if we have to request oral hearing. I am determined to obtain justice for my friend and am not going to allow this major company to get away with their actions.
  12. it is not that alone becky, the content does not comply with employement law and lot was missing and changed, it was because of the content that i checked him out
  13. kgrayson cant seem to add you or mail you. At hearing judge declared an interest as a close relative worked for the respondent, defence barrister did not provide any legal argument which surprised me I did provide legal argument including case law and in reserved judgement evidence was changed and ommitted to fit defendant so I was suspicious and checked out the defending barrister and learnt that he is a part time employment judge in south london and has addressed employment judges at conference
  14. kgrayson for some reason it is not letting me request you peraphs you can send me friend request
  15. hi kgrayson sent you friends request will send you mail
  16. I believe breach of contract is the correct jurisdiction as that is how it has been referred to in judgement of January 2013 on case I represented.
  17. I would be contacting them asking them for the result and reasons they have to send this to you legally but often do not, first my friend saw of theres was in first bundle and was full of lies. Any application to ET has to be made within 3months less than 1 day from the date you were dismissed and not from any appeal or it will be classed as out of time. Chase it up, if you do not get the decison still put in ET if you are intending to apply to ET.
  18. Yes an appeal has been submitted to the EAT and I have included case law, proof of bias and perverse evidence and new evidence that supports this beyond any reasonable doubt and am now awaiting there response. I can't go into much detail other than the grounds as this would identify too much. When speaking to the EAT advisor they have informed me that this has been looked at by 4 of the judges and now has to be looked at by the 5th judge before the decision regarding the application is made. This seems unusual as it seems to be usually a single judge that decides the sift of applications, though I am assuming taht they are having difficulty in deciding how to deal with it as what has happened also now contravenes article six.
  19. Not been on in a while as been busy with paperwork sorry to hear it wasnt overturned but be proud as you did get that a crucial point seemed perverse, Hopefully there is something in the transcript to get justice.
  20. Thanks DJ know how rough it has been but that is changing now. Have posted on here about the EAT appeal for rest of claiming definately wont be giving up on it and that is not going to be as easy settlement for them.
  21. It is hard to give advise without knowing the full details but some CAB's have employment advisors or employment law solicitor, check any insurance policies you have has some may cover this and would advise you to obtain legal advice. If it was me I would probably be pointing that out in your appeal hearing and asking them how that had happened rather than making direct accusation to enable discussion of it. In general ensure you and your rep are fully prepared with details and questions prior to hearing and make notes yourselves as well at the hearing. Be sure to include every mitigating factor and if procedures do make it difficult as in above then be sure include these. What is said will be key evidence for both sides should you have to take the matter further to ET so it is important to ensure what you say and questions you or rep ask are answered. Be carefull with your words as they will try to use these against you and attempt to twist them into a different meaning than what you mean. Dont use wording that they can use as admission. Wish you luck and hope that helps a little.
  22. I have recently submitted an application to the employment appeal tribunal on legal grounds, perversity and bias. The ET did not follow the law, the decision was totally perverse, and the judge had connections with the employer and the defence who is also an employment law judge. I am still awaiting response to the application and have been informed that this has been looked at by four judges and is awaiting a fifth judge. From what I read this is normally only looked at by the judge or registrar at the EAT. Is it normal for five judges to look at it before making decision as to avenue it takes? Why are five judges looking into it?
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