Hi, They probably have more evidence than just a witness statement, you will be able to see this at the ET. You can call her as a witness, but as she does not work for the company anymore good luck in finding her. You would have to disclose her as your witness to your employer before the ET hearing. Regards

Hi, Fair enough. Do not get what the big secret is though ? Regards

Hi, If you no longer work for the company how can you prove they are still breaking the law ??? Regards

Hi, OK , was just trying to help you with your case. Why dont you wanna go through it now ?? Regards

Hi, Sorry what do you mean by the quote below? and still are doing illegally they have made no efforts to correct their ways. What have they done illegal ? do you have any concrete proof of this ? as this would help greatly. Regards

Hi, Sorry i meant what was the exact reason you put on your ET form ? Regards

Hi, They have probably just replied and said they will contest it. They will then speak to there solicitors and file a defence against your ET. What is exactly that you are going to an ET for anyway(what are the main reasons) ? Regards

Hi, Forget about allegation 1-3, they seem to have dropped these. The company will be given a chance to put forward all there evidence and you will get a copy of this at the et. So for now there is nothing you can do. So what are your exact reasons you put on your ET form ? Regards

Hi, They do not have to supply you the evidence, the ACAS code is just a recommendation and employers do not have to stick to or use it. but if you win an ET they will probably have to pay out more in damages. When going to the ET saying "i feel" or "in my opinion" will not hold up, you will need to establish the facts before going to the ET. Make sure that ceo has spoken to the staff, and he is speaking on there behalf as well. get it in writing. I wouldnt worry about how they worded email, breach of security is just formalising the alleged incident. Regards

Hi, What you need to find out is , is the ceo speaking on behalf of the staff member ? did the ceo speak to the staff member before sending you letter ? or is it just "in his opinion", this is very important as the staff member might have disagreed with ceo decision. so they had all monday to investigate this matter ? this is definetly enough time to fully investigate the allegation. As the Oh statement was new evidence that they had never seen before, they would need to adjourn the meeting to read it and calrify any points in it with staff member by phone. Regards

Hi, If the other member of staff felt threatned in anyway and feared for there safety they can (by law) request for the cctv footage showing them (even back of there head) to be withheld. the company do not need to tell you this as you might take action against other member of staff, ( not saying you would , just playing devils advocate) can you please confirm the following dates: When did the alleged "code giving" incident happen ? when did they inform you by email that it would be added to the overall investigation? When did the second meeting (where you presented oh statement) happen ? How can you be so sure that they did not investiage this, if you have never seen any evidence or statements ? The main reason for this is, they probably have allready done a full investigation before emailing you to tell you it would be added. Regards

Hi, Your defence was your oh statement ! They informed you with 24 hrs notice that this would be added, you then defended yourself with your oh statement, they probably throughly investigated this between the 2 meetings, then took a recess to read the statement and clarify the events with the member of staff. sorry think i missed something, are you requesting the cctv footage of the staff member supplying your oh the alleged access code ? Regards

Surely that is a breach of ACAS code of conduct, i have not been given the opertunity let alone a fair chance to defend myself against allegation 4. By you taking the prepared statement along means you was prepared to defend yourself, otherwise you would have not prepared and taken along the statement. They have broken the law by not responding to my OH S.A.R and have not replied in any way shape or form, They have not broken the law, there is probably a good reason for not realising cctv, someone else in the footage may have objected to the release of the cctv footage, also did your oh pay the £10.00 fee for the release of cctv ? and did your oh provide a picture or description of himself so they can get the correct cctv footage ? this is standard law on subject access requests? Regards

hi, sorry i am a bit confused, you originally stated that they emailed you after the investigation and added allegation 4 , you then turned up at the next meeting with a statement from your other half ? this would mean that you was fully aware that it would be disscussed as you prepared a statement ? Regards

I would be very carefull about throwing allegations around about other members of staff after your job, i would also be very carefull about talking to current members of staff, as this could be perceived that you are trying to sway the outcome of the et and interfere with investigations. The cctv may have been with held as the other people in the footage might have requested for it to have been withheld . again im sure you will find this out at the et. Is the memeber of staff your talking to a current member of management or anything to do with the investigation ?

Hi, Just wondering how you are getting on with your ex employer ? Have they gave you any evidence yet ? Has the et been held yet ? Regards

Hi, In the handbook what reasons does it give for gross misconduct ? could you possibly write what it says exactly about the evidence in the case of gross misconduct. Thank you Regards

Hi, Sorry if i seem a bit confused. But why are you still requesting cctv footage if you have been proven inncoent on the charge the cctv relates to ? also giving out pin codes, access codes etc is allways deemed as breach of confidence, i was just stating what all companies say, if you look in your companies handbook it will probably say it as well. Regards

Hi, For what incident are you requesting the cctv footage for ? Regards

Hi, If they sacked you for "breach of confidence" then this is deemed in all companies to be gross misconduct ? This is standard knowledge and will be listed in your ex companies staff handbook. Regards

Hi, Was the camera system working correctly when you left ? They may say it was broken or faulty. And what was the exact reason they sacked you for ? how is it worded in the letter ? Regards

Hi, All it states above is "It would normally be appropriate" this doesnt mean they have to supply you all the evidence. As it was deemed that the matter was so serious it resulted in gross misconduct. Regards

Hi, Most companies only keep the last months cctv footage, as you stated in previous posts your OH is in the security business, so should be well aware of this rule. Because it was deemed to be gross misconduct they do not have to supply you with all the evidence, just the reasons for dismissal, the date your employment will be terminated, and the name of the person you might want to submit your appeal to in writing. It seems like they sacked you for "breach of confidence" (subject to the public interest disclosure act 1998) this is standard among many companies. Regards

Hi, Have you put it in writing, making a formal request for evidence to the ceo ? and if they have refused have they written back saying why they will not supply it ? What contract are you referring to ? is it your employment contract ? i did not think that contracts stated this, do you mean a staff handbook ? What evidence do they say they have lost ? Regards

Hi, They probably had all the evidence before disciplinary, and they just had the 30 minute break in the meeting to read your oh statement and clarify details over the phone with over members of staff, they could have asked staff there side then got them to type up statement for the records. This is perfectly legal and they do not have to give you copies of evidence. sorry Regards