at the time of my dismissal it was aroiund 25-30 employees. ive shown 1 months wage in my SOL - as basic compensation for unfair dismissal.... Proving they didnt give me a copy of my particulars is near impossible though !!!

i meant for a written statement of events, from a witness who won't be attending... found it though, it needs to include the words "This statement is true to the best of my knowledge and belief."

no - nor was there any investigation. the police were not called, i was not asked to provide a written statement, nor was any insurance company informed. For reference i clipped a concrete post with the bumper of a lorry.

no - i wasnt even given a employee handbook until the day i was sacked !!!! Acas pointed out that its not whether i offered to pay, or if they forced me to pay - but indeed whether the payment can be justified as legal. While im here, anyone know if there are any words which should be included in a witness statement.....such as "i, XXX, of 5 the street, such and such, england, Swear that this statement is true, and that i am of sound mind. i gave this statement of my own free will, and am not being paid to give it " or will a quick letter style statement do, with a signature ?

I'd seen that before- and refer to it in my ET speech - ive been calling it a deduction, but its actually a payment - But, given that my wages were witheld until the payment was complete, Acas suggested it would be classed as a deduction from wages.

I have not given any consent - and defo havent signed anything. I've still not received a copy of my contract either !!!! i was looking for a part of it which refered to wages being withheld - but there doesnt seem to be anything too specific.

anyone know which section of the Emp. rights act deals with wages being witheld ?

Just finished my SOL - net figure is 6.8K - Hopefully the ET will see my side of the story as genuine !!! Hoping to pull my documents together.....anyone know anything about DPA ?? I did a subject access request a while back....am i correct in thinking that they can't bring a document to court which wasnt included in my Data Protection stuff - As that would show they didnt complete the subject access request, or should i say " with-held Data "

Ok, so, T minus 5 days. What do i need?? 6 copies of everything right??? does that include one for me to read from ?? I'll be reading from a pre-written text for the most of it - So i get all my fact across clearly....Am i correct in thinking the R's lawyer will want to question me ???? Whats the best way to answer his questions ?

FYI - ive just found a 3rd ex employee - who is coming over to do a statement for me 2morrow - he was forced to pay over £750 after a little accident - he has a wage slip clearly showing the deduction from his wages and is willing to give me a copy of it !!!!

FYI - ive just found a 3rd ex employee - who is coming over to do a statement for me 2morrow - he was forced to pay over £750 after a little accident - he has a wage slip clearly showing the deduction from his wages and is willing to give me a copy of it !!!!

so they objected to YOUR questions directed at the respondant - i.e you were the claimant ??

Mr Chairman - Glad you told me that..... when i am cross examined, can i object to a question - or indeed can the R object to my questions.... To be honest, i don't think i'll need to ask many questions - but im guessing his lawyer will want to ask me a few.....

should i call him "guv" or is there a better term for him- i presume that he's not actaully a judge, so "your honour" isnt needed......

Nice one - i'll be sure to include it in my evidence pack....... still not even sure what to expect - never been to ET before, and can't get to one before my hearing !

he was though......he damaged the car in work time, and was asked to pay for the repair, in order to retain his job. Guess it won't hurt will it - at least it will show the ET that this employer has a habit of charging people.

i know what you are saying....but i cant go into court and say " they're not allowed to do that" their lawyer will have me for dinner !!!!

No disclosure of documents has been requested....i contacted the ET last month regarding why they hadnt asked for a schedule of loss, or my evidence....they replied " we dont normally ask for that " when you say they do......this employee was charged money for damage to a car engine ( he is a mechanic ) and was basically told that if he didnt pay, he didnt have a job.

Ive never seen my contract... and i have repeatedly asked for it. Im under the understanding than unless your in retail ( i.e with a till) then they can't deduct wages regardless of any so called contract.

nope, never been !!! i know one of the mechanics, who damaged a customers engine whilst working on it - we was forced to pay for the parts to repair it - and is willing to give a written statement to that effect - i.e he was told to pay up, or he didnt have a job. i'll need to look at the exact wording on the ET3 - but when i read it, it sounds like they shot themselves right in the foot.....It states -"although MR XXX offered to pay, as a gesture of good will, we did not CHARGE him for labour." now, to me, the word charge is a dead giveaway.....why would it be a "charge" if i had "offered to pay it"

yes. my wages were withheld by 4 days - bank statement shows this.

Part of my upcoming ET is unfair deduction from wages.......breifly explained I had a small bump in a work vehicle, no other party involved, damage around £800, which i was asked to pay( made to feel like i had no option) Stupidly ( i didnt know any better ) i paid it ( from my bank, not as a deduction from wages) - i do have a receipt for the payment. And my wages were witheld until i advised them i was going to make a lump payment. Now, they are stating that i OFFERED to pay the money, and it they "have witnesses" Whats the best way to approach this in the ET - the R is stating that its a lawful payment, as they DIDNT actaully deduct money from my wages. I know other members of staff have paid LARGER sums in the past for damage to company vehicles. I can't prove they forced me to pay it - i was basically told either pay it, or you dont have a job....But again, i can't prove it. Im told by acas that the its nothing to do with if i offered to pay, or was forced - its purely a case of me paying for something which i didnt need to. once again guys, thanks in advance.

ive now been advised by acas concil. that the R now has a representitive, and is planning to contest the audio evidence, stating that they did not know the conversation was being recorded. need to get some definitive answers fairly soon, so i'll post fresh topic with the question.

His wage slip should be fairly fool proof though - thats a copy of document that the R has produced - clearly showing a deduction from wages - with nearly identical circumstances to my claim...... to be honest, the ET appear to be unconcerned with my questions - thats evident from the fact that they told me i can make a schedule of loss " if i want to" and disclosing documents is "up to me"

i doubt very much he will go to court as a witness - but he will give me a written statement. can i offer him money for his time ??