Me and my OH live in shared accommodation with sole use of one large room. We share the kitchen, bathroom and toilet (I only mention this because I think the rules are different). It's a private landlord. There is no tenancy agreement in place and we have no rent book. The OH moved in here before we got together and never bothered asking for them (it was only meant to be very short term, we have now been here for 2 years). Anyway, we have a whole list of problems with the property which are just getting worse. We have applied to the council for a move as I am pregnant and due at the end of July. However, we are not very successful with the bidding so need to improve our chances as I can not bring the baby back here (for reasons which will become clear - other than the lack of space). The property we are in has the following problems: Rotten, wooden, single glazed windows that do not close properly throughout the property (except the shower room, which has no window or ventilation). No heating in any room - we have bought an oil heater for our room though. No running hot water other than the shower i.e kitchen and bathroom sink have cold water only. Damp on our ceiling caused by the shower room above. Water runs through the ceiling and on to our bed every time some one uses the shower. (Landlord aware but will not fix as he knows we will be moving within next few weeks, as soon as we get offered a property). No smoke alarms, fire extinguishers/blankets, no fire escape route or fire doors. Plaster falling off wall in chunks in our room We only have use of half a shelf in a kitchen cupboard and one shelf in the fridge. No freezer space. There are probably more issues, but I can't think of any at the moment. Should we bother contacting someone at the council as the property is in such disrepair that even if nothing is done while we are here, I would hate for any other tenant to have to put up with it! Also, I know it's cheeky, but if the environmental health state it's unfit for habitation, then we go up in priority on the council housing list. I am really upset and anxious about all of this - more so now water has started coming through our ceiling. Has any one any advice?

Thanks, I will tell the OH to phone them. As for the move to Leeds, we have very little choice. With a baby due in 6 weeks, and no where to live (the place we are in is not suitable to bring a baby home to), we have been offered a 2 bed, furnished house in Leeds (no deposit needed). My best friend currently lives there and we have done a deal with her landlord. It is also much closer to both our families and the job prospects are much better. Unfortunately we have to do what is best for our family.

So I am just thinking ahead here. If this goes to court, then the OH is going to need documentation from the company to help prove a couple of things. This will be paperwork submitted to the manager from 2 different departments about the owners caravans that had not had the drain down work done on them. This will go a long way to prove that the OH was not responsible for the damage to the units (although if he was then he has amazing control of the weather - the only thing that can cause damage is water bursts after ice has thawed). Now, when he requested this paperwork for his appeal, it was denied to him as not being relevant - presumably it was not relevant to the company (it would show bad management) rather than to the OH. So, if he asks again for this paperwork for the court bundle, and it is denied to him, what happens? We also know that the GM is going to try and state further "problems" they had with the OH - one's that have come to light since his dismissal. I am sure we can just answer back that it's irrelevant, can't we? We only presume this because of what he told ACAS. Oh, and one more thing - we are moving to Leeds very soon. Will the case be transferred to the court up there (we are in the south east at the moment)? (As an aside, we know the paperwork will be denied to him as the Manager all but admitted to me that he could not find it).

So the OH spoke to the court again. It appears the company applied for an extension (which they received yesterday - a day late) and the judge has granted it. They gave the crappy excuse that it was sent to the wrong place (i.e. the place he worked rather than head office). I don't know about you, but couldn't the GM have forwarded it on???? Anyway, they have 2 weeks from yesterday. It all seems unfair to be honest.

This is exactly what the OH thinks. They have attended tribunals in the past (which they won), so it does seem as though they have just given up on this one as a loss. After the OH speaks to the court again tomorrow, and if they definitely have no response, we will go ahead with your advice. Cheers papasmurf

As far as the court is aware nothing has been submitted - no extension asked for and no ET3. They seem to have just ignored it. This is no little company - this is a huge, National company with a huge HR department. I would have thought they'd have no excuse for not replying. He will know for definite tomorrow. As for a default judgement, I have no idea whether this would guarantee him compensation or not. Time will tell.

Would the judge extend even if the company have not asked for an extension? Seems a tad unfair. Surely it's their fault they did not respond so I don't understand why a judge would be on their side. Will just have to wait this out and hope he doesn't give them an unasked for extension then.

Ok, so another update (if anyone is still following this). The OH's employer had until yesterday to respond to the ET1. The OH phoned the court today and they haven't received anything.....he has to call tomorrow to check again, but if there is still no reply then it will all be passed on to a judge. I am thinking this is even more in the OH's favour. For a huge company to totally disregard these proceedings must be frowned upon by a Judge. Any thoughts anyone?

Ok, so I haven't updated this in a while, but there hasn't been much to tell until now. After seeing a solicitor and getting their very detailed advice (30 pages...) and then using this to try pre-conciliation through ACAS, we have had no choice but to submit the ET1. The OH gave a figure to ACAS that he was willing to settle for, which was rejected by the GM. He countered the offer with a paltry sum (less than 2 weeks wages) and said that was as much as he was willing to offer. Now, the OH is not asking for £1000's, but a fair amount as suggested by the solicitor (as a minimum he could expect from a tribunal). The reason the GM rejected the claim? Well, from the little information I could gleam from ACAS this is why: a) He did not attend the appeal - True, and in hindsight maybe he should have done. However, he does have good reasons, with proof, as to why he did not go. This being the refusal of documents (which could and would have exonerated him from the serious allegations that he directly caused damage to the units) and the 2 further allegations brought up in the invitation to appeal letter, with no mention of his actual reason for dismissal. b) There were 12 other units in question and other work performance issues. Excuse me? Well, none of this was brought up at any of the 3 meetings nor is it mentioned in any letter, email or copy of notes that the OH has. c) His dyslexia is not relevant as they were only made aware of it at the meetings. Fair enough BUT you were made aware of it then proceeded to ignore it as a mitigating factor. The OH's dismissal letter clearly states that all mitigating factors were taken into consideration.....that will be why they ignored the OH's (provable) allegations against management too. So, it seems we will be going to court. Wonderful. I wonder if the GM will be silly enough to use these further allegations at the tribunal. You know, those ones that the OH knows nothing about..... Just to add, the OH has no longer got a job. He was only there for a week on a trial, and after that week they finished him (conveniently when someone came back off holiday). So, he made no money from that job and didn't even sign off. Oh well. He has no longer "mitigated his own losses". The jobcentre can show why he was not kept on, so at least he can prove he didn't quit.

So we went to see a different solicitor today and she was SO much better. We were in there over an hour, she listened to everything etc. She is now looking at all the paperwork we have given her and she will write to us within a week telling us what we can do. She agrees there are many, many errors She was also not concerned that the OH did not attend the appeal as he had good reason. The letter I was going to send to the GM is on standby for now. I am not going to forward it to him until we have heard back from the solicitor. Oh, happy days.

*shrug*. I've absolutely no idea. It would depend on where they thought they stood I suppose and just how strong a case we have. Hopefully the solicitor we see tomorrow will be of more help. And yes, the relief knowing he now has a job is phenomenal. I go on maternity leave at the end of April, so knowing we will still have some money coming in has took a huge strain off me.

Will do, thank you.

Doesn't loss of office just apply to directors or senior management though? The OH was neither.

Thanks

As I thought BUT no matter how little the OH gets awarded, they will still be out of pocket should they choose to allow this to go to an ET (after all, they need to employ solicitors etc.)

That's the way we'll go then. We'll see this solicitor tomorrow, then go from there. Thank you.

I'm confused now.... Do I put Reasons why re-instatement would not be an option · A loss of trust and confidence in management and the company · I have been offered a new job, starting 4th March, which offers better pay. or just Reasons why re-instatement would not be an option · A loss of trust and confidence in management and the company

Actually, for reasons why re-instatement would not be an option, can he just simply put he has been offered a new job which offers better pay?

The OH has been actively seeking work and has been offered a job today, so even though he is seeking financial compensation it is NOT so he doesn't have to work. Also, as he now has a job, re-instatement would not be an option (he was offered the job about 5 mins ago:)). He just wants what is rightly his, even if that is just the notice pay. The letter written is for the GM, as ACAS advised submitting it to him. They have been in contact with the GM and advised him that the OH wishes for this to be settled out of court (hence the reason he was advised to state that he did not wish to be re-instated).

Well, I think the OH will just have to make himself out to be an arrogant ass (which is easy for him to do....)that they wouldn't want working there anyway. I'm sure this is all going be peeing the GM off! I haven't even put anything in about my pregnancy and how the OH expected this to happen (especially when I did not walk out as they hoped). ACAS said I should add that in, but I'm not too sure. Could be seen as tit-for-tat.

The GM is already aware of this as it has been previously stated to him in an email. Regardless of whether I leave it in or not, the GM will still have this in writing.

Ok, so I'll leave the whole bit of re-instatement out - but the rest of the stuff is ok?

Ok, so I attached the letter I intend to send to the GM. I am not going to send it today as the OH has an appointment with another solicitor tomorrow. At least he can show the solicitor this letter as it breaks everything down into bite sized chunks. Oh, the letter is kind of long......if anyone does manage to read it any comments would be appreciated. Thanks all for CAG.doc

He was dismissed 3 weeks ago, so still plenty of time to submit an ET1 should he have to. I know he is avoiding reinstatement, but he does have good reason and a couple of tasty statements from managers stating the OH has poor workmanship etc (all rubbish of course.....no problems at all with him or his work in the 2 years he was there). Why on earth would a company that has so little faith in him want to reinstate him? The OH has also lost all his confidence in his ability etc., etc. I will type up the bullet point email and post on here - may not be for a couple of days yet though.

Just had a phone call from ACAS. They have spoken to the GM and he has given the OH 2 options. 1. Go through the appeal process (which of course the GM says he recommends.....wonder why?) 2. Send an email bullet pointing everything - why he thinks his dismissal was unfair, why he does not want to attend an appeal and what he is ultimately seeking. This would be a rather long email.....but surely all our evidence speaks for itself. So, my question is, which route should we take. I am inclined to go for the latter. If the GM is wanting the appeal so much I have a feeling his intention would be to reinstate only to dismiss within a month or so (although properly this time). ACAS also told me that the GM states he played no part in the original disciplinary. Unfortunately an email we have shows that he did in so much that he slated the OH's work on one particular unit (which was "coincidentally" brought up in the OH's 2nd disciplinary meeting). ACAS also told me to inform them about the situation with my pregnancy and what happened after notifying them i.e I was feeling harassed for a couple of weeks, and when I did not leave the OH expected this to happen to him. Even though it can not be proved, ACAS have said the OH can use it in his defence.