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ms_smith

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Everything posted by ms_smith

  1. They might be on the move to build up a case for his summary dismissal, may not... What were the previous cases that your husband was invloved with? regards
  2. Hiya, sorry to hear about the foot accident. Sorry to hear also about that banter, people can sometimes behave like animals. What your friend should do is to display a note in the staff canteen explaining that there seemed to be a misunderstanding between your friend and the manager and that the foot was broken while exercising. If people start to make jokes from that and it will continue to an unbearbale level, your friend should start taking notes of who said what, when and where - this may be crucial if considering complaint of bullying.
  3. In this particular case, you don't have to mention the company name in capital letters to be held liable for any offensive context - some people may still know who you are working for. And if you work on casual hours basis (I assume that's the case here) - it was your choice, you knew what you were signing up for. The first meeting was just an investigation hearing. But on the face of it the company may decide whether to proceed to a discplinary level or not. Apparently, the explanations given by your partner were not that much convincing. If she can reliably prove she works for some other company and she meant them - then yes, she can get out of it clean handed. Otherwise, I am afraid she will have to face the consequences.
  4. Hi, what legal point you were raising? Unfar dismissal, bullying? Was this quote "we will ignore her evidence as it was not reliable" referring to you or to a female witness? What compensation did you claim?
  5. SarEl, don't get me wrong, but I am the victim of an erroneous and incomplete advice given by a trained solicitor so I have learned to trust rather my own instincts, especially that those instincts have proven to be correct. It is sometimes a much better advice to follow, as these were the claimants that have been in the heart of a dispute and there is probably no-one else that will understand them better than they themselves. There is no harm in a brainstorm of ideas on such forum groups as this one. After all, it can be inspirational to many other users. Anyway, I believe OP is innocent and meekmeek's and mine own energies concentrates on giving him/her the best possible advice. Say what you want but I also believe in the power of truth. You just have make sure you get with it to the tribunal with the right route, before you give up in the beginning. Have a nice day to all.
  6. I am posting again as this has just came to my mind - if your former employer allege that you colluded with the other manager, why your own wages weren't altered as well? In theory and practice, if you were ready to collude with others to commit an offence (such as that of that other manager; I understand you are a manager yourself), you would be more likely than not to commit such malpractice to yourself, to your own case of wages, therefore, the position of your former employer is not consistent, as there is no evidence that your wages were altered. Make sure you put this in your written submissions given to the tribunal . I don't think your former employer would be ready to fabricate such evidence... We then come back to how you should plan your PHR as this is the hearing when your former employer' legal team will try to strike out the case altogether. To prevent it from happening, you will have to prepare yourself a list of bullet counter-points - refer the judge's attention to some parts of the initial bundle of documents (if such has been ordered to be prepared) that will speak in your favour.
  7. Hi, sorry to hear that you were put through such a horrific experience. First of all, as you are now an unrepresented claimant, do not assume that the tribunal will do everything for you. Nope, everything is now in your hands and your job is to convince the tribunal that you are innocent. What exactly were the orders from CMD, such as the bundle or other directions? It appears, that your former employer's main point of view is that although others were giving their passwords out as well, no gross misconduct was being committed - others were just lucky not to fall victim to someone else's mischief. While in court, you should stress it out at all times that should you obviously been informed about that managers' plans of misconduct, you would not obviously have given your password to him. Perhaps you are already in a possession of that manager's statement (from that lengthy appeal process) where he confesses to a misconduct but gives not a shred of information that he told you about such plans. I know that for experienced lawyer my arguments may sound childish, but at the end of the end, any comment in your favour does you a favour. Also, was that manager dismissed? I assume he was. Otherwise, I see huge grounds for unfair dismissal and, if he's of other nationality or sex, a case for discrimination. (?)
  8. OK, but what exactly has happened before you were dismissed?
  9. I think you are guys both wrong. My own CMD was scheduled by ET as private, then the PHR was open to the public. A few days before my PHR, I attended two other PHRs, on the same day, as a spectator, so I guess it is purely a matter of ET' decision how to conduct the meetings, in general.
  10. Are you saying your solicitor spoke to those 9 people and they all agreed to give evidence in court? Or you mean 9 people have witnessed certain comments/events and should serve as the witnesses? That is a bit of a difference...
  11. Are you having any witnesses who already agreed to come to the hearing and confirm certain details to support your case?
  12. Calm down first of all, I am not trying to frighten you, it is just a form of expression, I am trying to prepare you for the possible worst from your employer. You may find it surprising or even shocking what kind of stories they will be saying about you during the hearing. I am not surprised at all that your manager is clear without any warning. Mine was promoted following the outcome of the investigation! Well, not really promoted, the company was just making structural changes and she was given 3 times or so as much same work as before at the price of a new, spanky job title. But yeah, she was "promoted", hahaha! Good luck!!!
  13. Hello, The disorder you refer to sounds to me like a post-bullying stress disorder. I am studying psychology and although it may not appear in the official terminology yet, I believe it should be identified and classified as it is a matter of fact everyone may observe it around themselves on a daily basis, yet never being able to name it or put into a concrete structure. Basically, people who have over a period of time and repeatedly been subject to a behaviour commonly classified as bullying, are likely to develop problems with their own concentration or understanding of what is being said to them. Their perception is affected. Their performance at work is likely to be affected to a worse effect. They will call sick at work or take sick leave. They can easily be irritated as well as tend to panic just at the thought of, sign, sight or a mention of a harassing person/experience from the past. I am not 100% sure if that is your case, but the fact is it takes time for people with PbSD (in short, as I call it) to recover from the trauma and think properly again. The fact is also, as mentioned before by our lovely barrister, people will react differently to different amounts of bullying from others, also during the ET proceedings. If on their own, some will cope better, some worse. It seems you were bullied into signing the agreement and given the past experience at the workplace and your own personal level of emotional defence, you were quite vulnerable at the time you signed it. Obviously, I can't tell you what to do. I just hope I shed you some light on why you might have signed the agreement but I am sure you know it already. It is true though that those who represent themselves in ET have to take care of everything. They have to read as many articles from other ET proceedings as possible, know the bits of law, know through and through the content of one's employee handbooks. Luckily, there are many publications for claimants representing themselves on the market. There is also employment tribunal enquiry line one can ask about some aspects of court proceedings. Ideally, claimants should refer to a few sources of information when deciding on a crucial matter. If you decide to go that road and continue to sue your former employer, it may be extremely difficult experience for you. In the end you would have to ask yourself what you would like to achieve from it? is it worth it? would any compensation awarded be higher or lower than the settlement? And first of all - the evidence you would have to have in hand to convince the panel. Is it hard enough?
  14. Congrats on your case, Blurred FX. As for isvet's, not everything is FINE - having received isvet's grievance, they "covered issues of discrimination". That's very bad already and from the legal point of view. They moved isvet to another department. Harassment continues with such extremes as forgery of an employee's signature. I say a case is being built against isvet...
  15. Intimidation from the employer. Definitely. C'mon guys, employers do have the right to take care of their premises, but all within reasonable precautions. CCTV in changing rooms, hahaha! not inside of the lockers really? LOL There is a possibility the CCTV can be positioned facing the entrance to the changing rooms. That is the furthest the cameras can go. Otherwise, I am sure there are some other means to catch the thief. CCTV in changing rooms is just employer's laziness... to think. Mainly.
  16. Hey honeybee! How ya doing? Good to hear from you! Me - fine, the case as well. Finish - next year, in February. I am doing this mainly to clear my name as the make-me-mental campaign messages they have been defaming me with since ever are horrendous... Recently commented privately on a judgement from a county court and gave counter-arguments. A few days later an appeal county court judgement was published - guess what? Exactly the same as mine, though the case initially seemed hopeless to many... One doesn't always have to be a lawyer to comment on people's issues as law is all about people's feelings and behaviours, isn't it? Conclusion? Birds of a feather... This gives me the most strength, I guess... I know what I am doing... (isvet, constr. dismissal) Well, if my supervisor would not be afraid to fabricate both document and my signature, what he/she would be able to do next? Accuse me of a theft and call the police, for example. As isvet knows about that forgery, an action should be made. Because staying and not doing anything is accepting the situation. I would be damn scared to work with such a supervisor, honestly. He/she gave the flavour of what she/he can do and trust me, she/he will do sth baaad again. It is just a matter of time. I know that constr. dismissal claims are said to be difficult to win but employees should sometimes listen to their inner selves and ask themselves if they are able to bear any more of the detrimental treatment or not... The truth also seems to be the most important factor as it is the only way a person may sound genuine. I at least believe in the power of truth... From what I read so far, isvet complained already about some incidents and the employer took some steps to prevent any more to happen. But the behaviour of that harasser didn't stop. I am not saying isvet should do it because I say now I would do it, but I think I would write a letter of resignation clearly stating what makes me resign. Yes yes, other option is to complain again, about the forgery this time, but doesn't it give time to the harasser to 'come up with' sth new? I may be wrong. You are more than welcome to correct me, guys.
  17. Ha ha! 'Mine" wanted me to withdraw all the claims he was issuing himself before! Dunno, in the end it acted as a kick to me - "do it yourself girl! you'll make it yourself!" . Sorry to hear about your problems, melody. I think you sound very honest and genuine. Also, the fact that you have a mental illness (and you can prove it with a long term medical history, I presume) is a crucial to the case of that compromise agreement. That is their weak point, I suppose. What kind of illness is that exactly?
  18. TBH, it is annoying to read such a question... Of! Course! It! Is! If I were you, I think I would resign and rushed to the court. Or you can stay and allow them to tell you: "you have been warned..." or allow them to create other 'creative' documents... Your (or any other) employer/supervisor, manager has not got the right to sign anything instead of you. Otherwise, the mutual trust and confidence implied in every contract is being broken. I would feel such at least... I think you can prove it anyway. I could, at least, with my determination...
  19. Hey guys! My case is still proceeding, been quite a stormy period as I also had to search for a job, move to another city, home etc. Landed myself in a supervisory position (woohoo! ). Reserved judgement arrived, applied for a review as the resp. manipulated as much as they could. I guess it looks silly when a waitress alone sues a giant... Am not giving up.
  20. Hey folks! Just thought I may start this new thread with some advice for all those who represent themselves in Employment Tribunals. Thank godness for all the books and materials available online or elsewhere but I am gonna give a few pieces of advice from my own experience, as the Claimant. Feel free to add anything you feel relevant from your own observations. So, apart from obvious things like sticking to the courts' orders or deadlines... Representing yourself in ET for the first time is in a way a double job to do as you not only have to fight (usually lie dictated) arguments of the respondents, but also fight your own weaknesses. It is not always that easy. First of all, don't assume that the chairmans will do everything for you. They are experienced lawyers, yes, but they take info in from both sides of the conflict. So - no, they won't necessarily take your side if you don't say anything... Don't assume that the judges will always deduce all sorts of things by themselves. Sometimes you will have to tell them all by yourself. For example, if your former boss threw only at you "I will do you later" though he saw you smoking with a few other colleagues in a non-designated area, make sure you tell the judge you felt threatened. It is obvious for you to have felt that way of course, but telling the judge what you felt is much more helpfull to your case as your case will look genuine. After all, you have a story to tell to a complete stranger and they don't know you at all. Another example: it may sound silly, but you have to imagine yourself in the courtroom as if you were holding in your hands two pieces of paper. One says 2+2=4, another 2+2=5. Your job is still to tell the judge that the one with 2+2=4 is correct so that he believed you. That's just a metaphorical illustration but it shows how you should continue with your case. Things obvious to you, may not always be visible to the judges. The fact is also that they listen to a huuge number of claimants or respondents' stories on a daily basis so they don't have much time to concentrate on one particular case every day. All they need are strong arguments, facts and evidence. Also, having strong ET1 form (if you're the claimant) helps a lot as the more it is detailed and not giving any space to the other side to start to lie, the better for your case. If you found another employment but continue with ET claims, don't wait until the last minute with everything. If you have to write your witness statement in a few months time, it helps to have a pad and a pen around you or a dictafone - to make sure your statement will include all the essential info or facts. Some thoughts sometimes comes to your head when you do your daily chores so it is good to have them noted down straight away. Refrain from making any comments relating to your case on your profile facebook or elsewhere - spontaneous thoughts, even on a private facebook profile, may cause you unnecessary attention from the respondent's lawyers.
  21. Hi, Are you trying to say that a 2 or 3 day hearing is always doomed for failure for the claimants? Not sure if I understood that bit...
  22. Hello! So nice to hear from you again! I am glad to hear the case has gone to ET - better this than doing nothing . I think you are still on a better position than your previous employer cause the main issue is that you have complained about your line manager, that is a fact. Providing you haven't commited any other misconduct before this event, it can be the base for your claims. It all comes down to being more persuasive, real, with your arguments in the end - judges are also good observers, they take everything into consideration (even your body language), providing you are innocent and genuine with your emotions. Sorry to hear you still haven't found any other employment. You write 'they don't wanna listen' - hm, I am not sure you should tell them at all the whole story. The thing is, people usually don't want to hear such stories if those stories are not being under a scrutiny from an authority at the same time. Don't get me wrong here - it is just quite normal that people that see you for the first time in their life, have got their own problems and they don't want to be forced to act as an counsellors or legal consultants to anyone they don't know. They are there to recruit people, not solve their problems or dillemmas. And I think you should concentrate more on the fact that you have been made redundant due to recession issue (yes, yes, both you, other CAGers and I know the truth, but it sounds less personal, I believe) - in fact, I guess it will be more compasionate and convincing to the recruiter to hear such a reason for dismissal because everyone knows it is recession right now so they will understand... After all, that's what your previous employer will say in your references, I reckon - that there "was no work", "the contract works had declined"... Concentrate more on your skills, experience and wilingness to continue your career on a fresh ground. As for your worries about that they might have put a black mark next to your name - they haven't done it neccessarily, but I understand it is tempting for you to think this way. Are you also looking for a job in other regions or close to your current address? (I have recently had my contract terminated and, I have to confess, I thought for a while it is in connection to my previous employer (the one I am suing) as a few vacancies appeared on their website, whether they are hoping to force me come back (which is out of the question) to them or not. Anyway and sadly for them, I am having an interview somewhere else soon. Fingers crossed! ) Have you tried to search for less paid, temporary jobs? It may not be the same profession as before, but it will give you the confidence you are earning some money again. As said before, I am suing myself my former employer as they unbelievably dirtied my reputation also but it conforms me that I am doing this myself (no worry about legal fees then...) and I think I am on the winning position and that gives me the strength actually - beacuse I genuinely feel the victim of their shocking behaviour... Coming back to your case, at the end of the day, everything counts in the court so even their sarcastic suggestion that you may apply for a position which is located hundreds of miles away (as I remember), sounds like a mischievous action. The judges are smarter than such managers and can read between the lines... I hope I gave you a bit of a hope... I know TUC may not be ready to go all down the way for you during ET proceedings and you shouldbe prepared for that (as my own adviser resigned himself, believe it or not, to my great happines, actually , as he continued to irritate me, in the end being persuasive to withdraw the claims he was issuing himself on my behalf previously!), so why not taking the case into your own hands? You have been there in the heart of it all, you know exactly what has happened and therefore, you possess the biggest chance to tuck a few aces into your own sleeve... The best of luck with your job search, don't give up and stay in touch. If you need some other advice, you know where to find me. My warmest regards ms_smith
  23. Lol, but for those 5 years they allowed you to do it incorrectly so why they are coming only now to tell you off about it? Because they allowed you to do it incorrectly for 5 years which is their problem, not yours. You are being told what to do -you do it. You are being reprimended, you do it correctly. If not, you are being given disciplinary. Do they have any papered evidence to provide you were warned so far? No, so they have no right to sack you. It is pure logic. They think you are stupider than them (don't misunderstand me here) so they are idiots already anyway. All they can do is a re-training, that's all. Sack? LOL. Would they really be so deluded?
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