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eli mac

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  1. Dear papsmurf, Many thanks for this - I'll make sure to discuss with my lawyer tomorrow - he seems as angry as I am about it all. I'll keep you posted of developments - as you say. it makes a difference when the other side are getting it in the neck for once!
  2. Dear Both, Many thanks - I am speaking to my lawyer tomorrow about this and the links/suggestions you have sent will be helpful. I feel very heartened by these events - if for no reason other than it must establish, at least to some extent, just how far they are willing to go in their campaign against me. The Chair of my former employer is also a lawyer and had directly instructed the QC to note this to the tribunal judge at the CMD! I think the Judge had already realised that there was nothing behind this - when the QC suggested that he 'find out' how the investigation was progressing, she left him in no doubt that she would establish if any investigation had been launched! Without being pre-emptive about anything, this, coupled with the regulators report should give them pause for thought?
  3. Update: I have just had an email from my lawyer who is delighted that we have had a letter from the Tribunal Judge noting that she has had a response from the police in regard to her enquiries about the criminal 'investigation' that was supposed to have been instigated against me: THERE IS AND HAS NEVER BEEN ANY INVESTIGATION! Clearly this was just another ;dirty trick' by my former employer. The fact that their barrister raised this at the CMD has been noted in the minute of the meeting. My question now is: what do I do about this - is there anything I can do? Do we deal with this now via some from of formal complaint? Do we deal with it at the tribunal? Additionally, the regulator with whom I lodged my complaint about the Protected Disclosures, published their report last week noting that they had made a 'number of recommendations' to my employer to address the issues that I had raised in my Protected Disclosures Complaint to my employer; each issue has been covered and my former employers have stated that they are 'now working on these'. Included within this was a particular note about improving their 'internal processes' to ensure that 'when staff raised concerns, these are properly addressed and reported back to the employee' (they did neither at the time). I think this strengthens my case? My solicitor is in court until Friday and I would like to be prepared for our discussion about thes ematters on Friday - any suggestions?
  4. My colleague was not from the one of 12 years ago - and the settlement was significant a 6 figures to compensate me for their behaviour. I would appreciate any advice that anyone can give on this and will be speaking to my solicitor later about this.
  5. Hi Papsmurf, We have not yet had the minutes of the meeting - and he did this before the judge entered the room - however, I had witnesses in both my lawyer who was outraged about this, and a former colleague who had accompanied me to the CMD - and was also enraged. I have sent the CA over the my lawyers for their decision/advice on this. It seems to me at the very least that he has behaved unprofessionally - I will find out what I can do about it.
  6. Hello, The CA was with a different employer - and I left them 12 years ago when this happened. It specifically detailed that 'no reference was to be made by either side to the issues covered by the agreement at any time in the future' and that - 'any breach of this condition'would render the CA null and void and legal action could result'; I assume this also covers the QC involved in the case? If he has breached this then am I able to take action against him? As to the police, I will instruct my solicitor to contact the force in question this morning to find out and tell them I am happy to cooperate with any investigation and provide all of the detail I have. As you say, this maybe just further dirty tricks to break me - and they have tried quite a few of these already - I'll try and keep strong.
  7. They are Trustees and I have already lodged a complaint with the Charity Commission - although I have also had to remind them about this after it was lodged 7 months ago and nothing was done! I am on the other side of the country - it seems to be endemic in charities!
  8. Hi Papasmurf, I am paying for a solicitor on my own - not easy when you have no income! I recently changed legal firms when I discovered that my previous one had missed several key step and important issues. My solicitor has been really good and I feel very confident in him - I just like to know other views before I go into something and to know what the best position is from those who have been through some of this themselves. Any help from anyone will be appreciated.
  9. Hi Papsmurf, It was charity I worked for - which is what makes all of this worse! I believe the redundancy was an excuse to get rid of me after I raised the grievance and reminded them about the whistle -blowing issues - again.Some other former colleagues have also raised ET's and are pursuing their cases on unfair dismissal resulting from a fabricated redundancy.Conjoining the cases needs to be decided at the next CMD. Did you get much support when going through your case? Did you get legal aid? I would be grateful for any help.... Eli mac
  10. I wonder if anyone had any thoughts on the following: When employed, I raised some serious matters with my employers in regard to contraventions of data protection, regulatory breaches and potential fraud. Over many months, they ignored theses issues and ....then called me to a disciplinary meeting. I was not suspended at this point and continued to work - despite the fact that they alleged 9 counts of potential gross misconduct. I immediately raised a grievance and at the same time took my complaints to the regulators - they are still investigating the issues. The Grievance was lodged in November 2009 - and has only just been concluded ... with 'nothing to uphold' in their view! Meantime, I was made redundant in March 2010 - following a 10 day 'consultation' process ... I am now taking this to ET - with Whistle blowing as cause for their actions, coupled with unfair dismissal. The case has been set down for 4 weeks next year - and a part of my case is that my former employers did not follow their own procedures in regard to the whistle blowing - nor did they have a grievance policy in place - and took almost 9 months to conclude this. I have all of the documentation to prove everything I have said - and what they did not do when asked - my paper trail is excellent. The disciplinary action raised against me was suspended until the outcome of the Grievance - but then negated by the Redundancy. How will an ET view this - what chances do I have?
  11. Dear HB, I am due to speak to my lawyer later today - but wanted some independent advice/thoughts about this before I do that. I would be grateful for anyone who has the time/knowledge to add something? Many thanks
  12. I am at the end of my tether: I had a CMD with the ET service yesterday and the QC representing my former employer acted, in my view, in an utterly unprofessional manner. Before the judge arrived, he leaned over and in a stage whisper, said to my lawyer 'you do know that I represented against your client in an employment dispute some 12 years ago?' He then said that I was the subject of a criminal investigation by the police into expenses I had claimed when employed. I had of course informed my lawyer that I had previously taken action against an employer for sexual discrimination - and that I had accepted compensation from them in regard to this prior to ET - the agreement was subject to a confidentiality agreement at that time. I am not a 'serial complainer' and have had a successful career for the last 12 years. The news about a police investigation was a bolt from the blue - I have not been informed about this and had no reason to believe that such action was pending. When the QC then introduced this in the CMD, the judge very quickly asked if I knew anything about it and on hearing that I did not, said that the ET service would write to the police about this. My problem is - what can I do about each of these things? Is a QC able to behave in this way and can he introduce something like this without telling me? My case is a very complex one involving whistle blowing in a charity - I was made redundant after raising these matters with my employers and then, following no response, with the regulators. My lawyer says that the tactics used by the QC were despicable and unprofessional - but demonstrate that my former employers are 'running scared'. They were also very keen yesterday to ensure that there was no PHR to establish the protected disclosure aspect - am I better pushing for this? The case has been allocated 4 weeks next year to be heard. Can anyone help me on this? can I petition the judge about the way the QC behaved - has he breached the CA of 12 years ago - can he be removed from the case? What do I do about the purported police investigation - I need to clear this up?
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