Hi, What was the date of the code incident ? What was the date of the disciplinary meeting where you handed over OH statement ? Regards

Hi, Was the allegation 4 disscussed in the disciplinary meeting and the evidence refered to or shown ? Regards

Hi, I might have a few ideas on the questions you posed: Why was he allowed to sign in as a visitor ? Was the staff member on site fully trained on procedures ? Why was he allowed to wait for a few minutes for staff member to finish telephone call before having a general conversation for a few minutes involing the alleged release of the code in question ? as above Once he had entered said building unauthorised why was the Panic/Intruder alarm activated ? i thought the intruder alarm was raised around the email event ?? Why were the Police not called ? I thought they was called when email event happened ?? Why was he allowed to sign out again involving a general conversation with staff member? was staff member on site fully trained on procedures ? If OH acted aggresively as stated why the retraction when OH threatened to sue for libel/slander ? did OH threaten to sue the staff direct or just ceo ? seems like staff were never consulted or approached from either side ?? Why have they been able to provide no proof OH acted incorrectly? You will be able to see proof they have when it goes to ET. Regards

Hi, I think the ceo letter is referring to an illegal act involving the police and not the case of using the managers code. He may be referring to the company or individual taking legal matters over the alleged aggression and the alarm being set off. These seem like 2 seperate events, you should seek clarification from the ceo that these are 2 seperate cases. Regards

Hi, From what i can gather from your posts, this was added after the intial disciplinary ? After the first 3 allegations were made. Is this correct ? Regards

Hi, Im not sure that i can advise you anymore, you seem to be set in your mind as to what they have done wrong and how you are going to proceed. I would advise to just wait and see what happens at the ET, but make sure you are prepared. all the dirty washing is aired at the ET. Things you might not have felt relevant will be dragged up Any previous complaints you have made etc. Regards

Hi, Sorry if you took that seriously, i was joking (ha ha) What have the staff said about your other half that is so bad you are considering suing them for libel ? If it is that bad you may be able to use it at the ET. Regards

Hi, I am curious how you can be so sure that private court proceedings will not happen ? (have you had a quiet word in there ear ha ha) It will be interesting to see what is in this staff members statement, was it just 1 staff member ? Regards

Hi, I would advise going over the handwritten notes from the appeal (even if they are illegable) and double checking to make sure what was said, as this will definetly be brought up at ET. You need to make sure that your other half has never been aggresive to the staff as they may raise a case against him over this. has he ever threatned or spoke to the staff at your ex work place at anytime ? The ceo may have retracted his comments, but he cannot retract someone elses ? Did they explain the allegation 4 in detail and tell you what evidence they had ? Regards

Hi, The only reason i mention it is, the ceo does not speak for his staff, the letter was written by him and not the staff concerned. and if they lose the ET they will probably raise a private claim against your other half. What they probably meant was if they agree with you on the appeal they will supply you the evidence, but as the decision was upheld they do not have to disclose the evidence to you. Regards

Hi, Because they have not supplied the witness statement does not mean that it is not relevant it may just mean that it is not appropiate. Even though the ceo has confirmed that nothing happened, doesnt stop the indivduals pursuing a claim against you in the courts, you will probably find that the ceo has not even spoken to the staff concerned. Regards

Hi, But surely they would have sent you a dismissal letter explaining the reason for your sacking ? You have a very understanding new boss, most bosses would be curious about why you want to use a different reference ? Regards

Hi, Be very carefull as it will show up a gap in your employment history when they run your references. They will want to know why your ex employee was paying your tax and you did not declare it on your application. This is definetly a gross misconduct charge. what sector are you working in at the moment ? it depends how tight they are on there reference checks. If it is police or local councils etc it will show up. It is not a breach of acas rules as they do not have to disclose the evidence to you if not appropiate, just refer to it in the disciplinary. Regards

Hi, They do not have to supply you the evidence, but when it goes to ET you will get the chance there to review the evidence as they have to disclose it there before you go in front of the judge. are you not worried that they will now supply a bad reference to your new job ? as we all know, that no employer nowadays will take anyone on without a full reference check. Regards

Hi, This is what acas say about the evidence : 9. If it is decided that there is a disciplinary case to answer, the employee should be notified of this in writing. This notification should contain sufficient information about the alleged misconduct or poor performance and its possible consequences to enable the employee to prepare to answer the case at a disciplinary meeting. It would normally be appropriate to provide copies of any written evidence, which may include any witness statements, with the notification. employees should be informed of the allegations against them, together with the supporting evidence, in advance of the meeting. Hope this helps. It doesnt say that they HAVE to give you copies of the evidence it just implies that they should do where appropiate. Regards

Hi, it will be every difficult to defend against allegation 4 until you can see the evidence. Have they gave you a date as to when you should receieve this by ? I would definetly advise asking the ceo or member of staff to put it in writing that nothing happened and no private court case will be filed. Regards

Hi, Are you absolutely sure that your other half did not speak to the member of staff ? if he has this will definetly be shown in the ET as it shows that your other half may have tried to sway the outcome of your disciplinary. sorry just playing devils advocate as i know how harsh they can be when they cross examine. Does this member of staff still work for your ex employer ? if they do they will definetly have a copy of the cctv as well. If they have left the company they may pursue a private court case. Regards

Hi, Why has your other half got involved ? the disciplinary and appeal are about you, the ET judge may look down on this. your ex employer should not be dsclosing anything to your other half about your case ? so what comments have been made about your other half and by who ? Regards

Hi, It would be interesting to see this statement from the ceo, to see how it is worded etc ? Regards

Hi, From my experience most panic alarms are connected to the local police station, so you may find that they may have called them as well. even though the ceo has issued that statement the individual may still want to take this up in a seperate private court hearing, have you spoken to them or has the ceo confirmed that they have spoken to the member of staff and confirmed that they will not take any action against your other half ? What comments have they made about your other half and why ? and has he got involved in the disciplinary or appeal in any way ? Phone calls to your employer etc, as they may twist this as harrasment etc. regards

Hi, It is not that i am not keen, it is just you have to realise how serious an ET is. You have to make sure that you have all the facts and allways tell the truth. Any slight wrong doing or if your company have anything on you. it will come to light in the meeting. and believe me the employer has allways done there homework and has a mass of evidence and signed documents , and a signed employee handbook. You have to make sure that you have everything in writing and make sure that you have done nothing wrong, for example the alleged threatning behaviour towards the staff by your other half, they may bring the member of staff as a witness and they will tell the judge how they felt threatned and had to press the panic alarm and involve the police etc. Regards

Hi, Having been through an ET myself, i fully understand how devious and underhanded some employers can be to win the ET case. They do get the chance to cross examing you, and any witnesses you supply, so you must make sure you are ready for any questions. Regards

Hi, The main reason is, if the ET judge feels you are just after a quick buck it may sway there decision. Are you still out of work ? if not did you wait till the appeal decision before seeking work. Im hoping you did not accept a new job while on paid suspension, as this will severely hamper the decision. Regards

Hi, When you filled out the form for the ET what did you raise as the main point for going to ET ? What compensation or remedy are you seeking ? Just helps me give better more targetted advice Regards

Hi, Sorry i dont quite understand what this means ?? "Allegation 4 is merely address as i have seen a witness statement from staff member and i believe that so i feel you have lied etc" I thought you had said that you had never seen any evidence at all for allegation 4 ? Sorry just getting a bit confused. Regards