mikeyboy197663
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Everything posted by mikeyboy197663
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Hi, Sorry to tell you this, but as soon as you signed the minutes, by law you have accepted them and anything written in them. And a ET judge will tell you the same, sorry. The way you have behaved will not have much to do with costs, i had to pay my costs even though i won my ET case. Just wanted to pre-warn you as many people do not realise this. Regards
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Hi, Why did you sign the minutes of the meeting ? if they are eligible you are within your rights to ask for them to be typed up then you will sign them. be very carefull as there may be something in there you cannot read that will go against you. Even if you win your ET you may still be liable to pay costs, they dont allways make the employer pay. Just making you aware of this before you proceed, as it can be expensive. at your review did you get a high grade ? Was there any training points or issues etc ? Regards
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Hi, Go here first Employment Tribunal > Forms & Guidance And then i can answer any questions on it, but beware if you lose they can make you pay all costs, which can amount to thousands, and even if you win you may have to pay fees as well. Has there ever been any bad feelings between you and the management ? as they will want to establish this before the ET. to see if there is any biased opinions. Regards
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Hi, As long as they have supplied you with a copy of the minutes and you have signed them, they do not need to supply a typed version (even if they said they would) sorry but that is the law. So there evidence is a statement from the member of staff and cctv footage ? what reasons have they gave you as to why you cannot see or have this ? Regards
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Hi, Have you checked the minutes from the meetings (suspension, disciplinary, appeal) thorughly to make sure that it does not say they offered you the evidence or have shown you the evidence ? Did you thoroughly read and check the minutes before sigining them ? We know how sneaky companies can be. Regards
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Hi, From reading all the posts, it looks like they have withdrawn all the allegations except allegation #4 ? Is this correct ? if it is, then you only have to worry about the one allegation, #4. They seem very badly organised if they started with 4 allegations but could only get 1 to stick. Did they give an exact reason as to why allegation #2 was dropped ? Regards
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Hi, Im slightly confused ? In your post timed 00.59 you stated: "First instance in the morning when the code was used there was a 4 minute conversation with the female staff member very pleasant etc when he was given the code" But then in your post timed 05.25 " I would like to point out that at no point have i said my partner got the code from the other employee i have just stated that he didnt get it from me and handed over a copy of my partners witness statement" was the code given to your other half by the member of staff or by you ? sorry to question it, but they will question you on this in an ET. Regards
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Hi, Sorry to say that if you have loaded the software onto the company computer then it is there right to access that software, and if the user name and password was allready filled in then they have done nothing wrong, not fair but true, sorry. If there was no threatining behaviour towards staff then why was the panic alarm pushed ? Did you speak to anyone there on the day ? was anything said that could be taken as threatining ? Regards
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Hi, Was it msn or yahoo etc on the computer ? if it was installed on the computer so it starts up when the pc is logged on, then im afraid to say that they have every right as it is software installed on a company computer. i have dealt with this before as my work accessed my yahoo account, and when i checked it was perfectly legal. as long as the user name and password where filled in then they have done nothing wrong. sorry. The person you was alleged to have been aggresive to, have they confirmed that they will not take it further ? as they can still pursue emotional stress through the courts ? Do you have it in writing that they have refused to give you the evidence for allegation 4 ? was it showed to you in the meeting ? Regards
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Hi, Sounds like you have a good case for data protection, but how did they get the password to log onto your email ? You will probably find that before the ET they will have dealt with the alleged van usage and the leaving the shutter open. this means you will not be able to use that as an example. Even though the ceo has agreed nothing illegal took place , did he consult and does he speak on behalf of the staff at the store ? Regards
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Hi, From my past experience you have to watch out, the company may not be able to use it , but an individual can. If the alleged aggression was aimed at an individual they may be able to pursue this through a private claim. An ET will ask everything, relationships between staff, aggresive behaviour etc. the best advice i have is to be completely honest as most companies record all phone calls and keep all CCTV footage. At my ET they played back all the phone calls i had made to my employer, this was a shock as i wasnt aware they had done this. Can you not sue them for the alleged data protection issues ? what were they ? Remember everything is relevant in an ET Hope this is helping ? Cant stand to see companies treating there staff badly and getting away with it. Regards
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Hi, If you used it as a customer, you could use the receipt for the rental and did you fill out a lease hire form ? this is standard practice when hiring a van. if you have these 2 items then they have no case as you have definte proof you used it as a customer. What else happened that day ? "garentees that no further action will be taken by the company in relation to the events that day" it seems that more happened than just the allegation about the codes ? Regards
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Hi, Just reading into allegation 2 , the company van. My partner has had dealings with this in a previous job. What does it state in the employee handbook ? did you use it as a customer or as a member of staff ? from what i understand there are distinctly different rules depending on how you was using it. Regards
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Hi, Have you requested in writing to see the evidence for allegation 4 ? what was the answer you got if any ? why did they refuse to show you it ? They will argue that your partner should not have asked for an access code and he should have known this as he is regularily in the store (as you mentioned) even if it is proved that the member of staff gave him it, it is still classed as trespass. You need to be carefull as this will be brought up in the ET and they may pursue seperate charges against your partner. they seem very switched on about the whole code thing, what does it say in your contract or staff handbook ? Regards
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Hi, It seems that allegation 4 is the main one they are using to justify sacking you. When you say "secondary contact" does this give your partner the right to use your access code ? what does it state in the rules ? Also you say he "signed in" are there rules for visitors ? Did they only notify you of allegation 4 by email ? was there a phone call or any other means of contact ? if it was just email it will be stamped with the date and time you received it. Regards
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Hi, Just saw your update on previous post, what cctv footage is he requesting ? what allegation would this relate to ? Sorry dont quite understand the code part, but did your partner have written permission to use your code ? even if the member of staff had given the code out (this would be dealt with by the company if proved that the member of staff done wrong) did you give permission to your partner to use it ? Sorry just playing devils advocate ? Regards
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Hi, Thanks for the update. Did they give you 24 hrs notice before including allegation 4 ? Did the ceo put the apology and retraction in writiing ? And by saying your partner done nothing illegal have they withdrawn allegation 4 ? Have you seen any evidence to prove that the member of staff did supply your partner with the code ? Did you sign the handwritten notes in the appeal meeting ? (they do not have to supply a typed version if you signed and accepted the handwritten ones) Regards
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