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About duck1978

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  1. Hi, Can anyone please help as Im struggling with doing these witness statements? Do I have to write down everything that happened again? Im really confused as I have lived this ordeal so many times. How long is a witness statement supposed to be. When people refer to documents etc what happens there? Please help as its doing my head in
  2. The CWU first said they would not take the case on and now have decided with this new statement that the case has a success rate of over 51% but have now passed it on to there solicitor to investigate. This is a time consuming procedure. I just want justice for what happened to me as I was not at fault for this. Im sorry if Im not clear on anything I say as I get really angry about the whole situation. I still need to do witness statements for the case. Any help would be much appreciated
  3. I knew they were trying to get me out and was in discussion with HR in regards to raising a grievance for the racial remarks and bullying and then I got suspended. I put the grievance in the next day to the company and they heard the grievance and blamed me for getting called a terrorist as they said I was joking with my line manager, there was a statement made saying that I did not say anything in return but they ignored it and went to a fabricated statement. The 2 things i got dismissed for were; 1. Breach of friends and family policy - which I was not aware of. the policy is not a very clear one and was never part of my audit or security checks so would never need to look for and use that policy. Other people in their 100's used to buy phones for themselves and process them and I just assumed as there was no fraud or any misdemeaners then why would it be an issue. 2. I gave my pin code for my partner to process a sale through my code - this was against the security policy, I knew this policy existed but was instructed to do this as the correct procedure did not work for the team I worked in. My partner got dismissed because she accepted my code. I had given my code to about 13 managers for them to process sales if i could not get to there location as I worked in a field role. Other people denied this ever happened but everybody did this. The statement i have now is from a girl who used to work in my team. We have sent our case files as we have a stronger case to the union so we can get some sort of representation but still awaiting. I just feel so frustrated that a large company can get away with this and will want to humiliate these people as i feel humiliated at what they have got away with!
  4. Hi, I'm currently going to attend a tribunal in Feb. I worked for 12 years in Retail. My partner worked in the same company for 9 years. I was in a meeting with 20 or so colleagues and my line manager made a comment which said I looked like a terrorist. The next day I was told to find another job as i was never going to progress in the organisation I was suspended in February 09 for 2 things. 1 which I was not aware of the policy and the other I had been instructed to do by my line managers and they denied. I have proof that we were given this instruction by someone who has left the team and supports my case. My partner was als dismissed on the same day and we had no prior issues with the company. This is a very large organisation. The person who called me a terrorist got promoted and was not dismissed for this rascist / offensive remark. They sai we were joking even though I did not respond. it was out of the blue and I did not warrant to be called that. They have not taken us serious as we have been represented ourselves. I would like advise on what to do next. Do we go to the media and tell everyone what they done? We did not deserve to be treated this way and need help
  5. Cheers, How can they re schedule so many times? I hope this does not drag on forever as its taking over my life. Just want it over and done with lol but nothing ever goes the way you want it too. Still no news on union representation. Is there anyhthing I can do to speed that up?
  6. Thanks moneychicken thats very helpful will use that template thanks. thanks for your help so far its been great will they postpone the date as we have not recieved anything?
  7. To the employment tribunal honourable judge, CASE REF: We would like to ask the honourable judge to strike out the respondents defence as there has been no response to the agreed Case Management Order and find this behaviour to be unreasonable. The directions were as follows; 1. The respondent has permission to amend the ET3 to deal with the allegation of discrimination by xxx by 13th November 2009. Not Received 2. By 20th November 2009 the respondent shall send to the claimants’ copies of all documents in its possession, custody or control which are or may be relevant to the case. Not Received 5. By 18th December 2009 the respondents’ solicitor will produce a bundle of documents and send the same to the claimant. The bundle shall be agreed if possible. Not Received Actions 3 & 4 of the CMO have been sent to the respondents by special delivery ref: xxx meeting the deadline of the 4th December 2009. We request that the honourable judge make a decision with regard to the quantum. Kind Regards
  8. Cheers Moneychicken will put the letter that im sending on here. Think we will send the letter tomorrow as they have missed 3 dates without a single correspondance and I know we are coming upto xmas i dont want to be going into the new year worrying that it aint been done. I even wrote to them when I sent my bundles in and still no response at all.
  9. Okay, Checked the post and there was nothing delivered today. This is the 3rd deadline missed by the responadant. Should I send the letter?
  10. Okay, Checked my CMO and today is the last day for them to send the completed bundles to my self and if I dont recieve anything today I will be writing to the tribunal to strike the case out. Also I have not seen theire bundles so I have not agreed anything in them. Since the CMO I have not recieved a single document from the respondants. Is there anything else I need to be doing. The only thing I have not done is ring their solicitors to ask what is going on as I dont really want to as them doing there job is not my responsibility. Can anyone in help writing a letter to the tribunal. Much Appreciciation in advance
  11. Cheers Moneychicken, Glad yours went well. I'm going to wait and see what the union say. I found them to respond to the repsondants claim when assesing the case and not look at the evidence I had and found it a little bias. I have asked for the re assesment and will see what happens. Im going to write to the emplyment tribunal judge this week and see what happens. Is it okay if I send you the draft of the letter, i got some free advise of a solicitor who is not an employment law specialist but has had little experience of this. I did my statement of losses and think I did a pretty good job, another solicitor (get as much advise as I can) advised me that she would have calculated pension losses and company car losses. I over inflated injury to feelings as it should work out the same. Found it frustrating to get advise and support in the matter as alot of people want to make a quick buck and score with it. I just want justice as my credibility as a person has been questioned and its the only job I had known and to lose it has left me and py partner in dire staits. Please ignore spelling mistakes if any. As for PM people i will just direct them to my thread to get advise. dont want to hassle too many people.
  12. Hi, the orders were; 1. Ammend ET3 by the 13th November 2. Send bundle of docs to us by the 20th November We had to send our bundle of docs to them by the 4th and did that. The union were supportive to start of with and I couldnt understand why they did not take the case on. They said that we were dismissed for 2 breaches of policy. The second which was a security breach, I could not prove that I was given an instruction to breach it. My entire team had been given that instruction but they denied it. Then I got in touch with an old team mate who confirmed the instruction was given. I have sent that statement back to the union for them to re-evaluate the case. hope that makes sense?
  13. Thanks for the reponse. As the tribunal is in Feb do I ask for the timelines to be changed now as they have not been met. The last handover date for docs is the 15th of Jan which is less than 30 days away and we have had no response from the respondants. Is there a format for how to write a letter to the tribunal judge asking for a strike out or extension? I cant understand why they are using this tactic as it does not favour them well.
  14. Hi, Pretty new here but from what I have seen the support and advice on this site is by far the best and wished I had found this earlier!! My situation is; Me and my partner were dismissed in April 2009 We are claiming for unfair dismissal with racial harassment. The dates are set for a tribunal in Feb. In the CMD we were given orders to comply by and the respondent has failed to comply on both accounts as we have had no correspondence from them. The first part was a ET3 amendment and the second was to send the bundle of docs to us so we can add ours. The firm is a large one and they made a racial remark towards me and dismissed me for something all my team was doing and I was the only Asian in my team, they denied ever giving me this instruction but I managed to get a witness statement of an old colleague that backs me up. I have sent my evidence to them as per the instructions and wrote to them and advised that they have failed to comply on both actions of the CMD, I have written to the ET on 2 occasions advising them that they have failed. I don’t understand why they have not sent them and I’m a little worried that I will get all the info just before the trial date, not giving me enough time to prepare. Can i write to the ET asking them to strike their case out as they have failed on 2 accounts on the CMO order? Also ask for the 4 day trial to be delayed as we do not have sufficient time to prepare? Im still searching for legal guidance on this as my union at the time strangely though I had less than 51% chance of winning but I have sent them the new statement and that may change their mind. Look forward to hearing from you. The organisation me and my partner worked for are a very large company.
  15. Sorry to hear mate, its a shock when it happens but I think you were prepared for that, I have been to see a solicitor today and have an appointment monday and discuss representation as they will try to indate me with paperwork. When is your tribunal date and would you be able to claim unfair dismissal on this claim or would you have to file a new one?
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