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mjabber

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  1. Oh and if we have to ask for documents to be included in the bundle, but we are pretty sure they dont exist, then do we still ask for them? For example, the manager who suspended my partner waited a whole month after an allegation before the suspension and there are no notes anywhere about when she received the allegation, who she talked to or anything one might expect. One of the appeal matters related to the fact my partner's character was ttrashed by these people - why didnt they ask any other staff members - which they said they would, but didnt - or havent provided anything to us that suggested they did.
  2. Well Thompsons sent another letter telling us the Union had agreed. And helpfully told us that the bundle of documents was to be agreed by 18 May. Helpful in that they hadnt previously advised us of this, and their letter was dated 20th May. I understand I have to contact the tribunal to tell them we are now dealing with this ourselves and asking for an extension of time. The other side havent met this deadline either though. A couple of questions: 1. What should be included in the bundle? 2. The matter is complicated by the fact that there is court case (arising from the managers lies). That case includes statements from the manager and deputy manager which are not, oddly, replicated in the company's own records. Probably because they are full of lies that are not backed up by any records - well actually are completely contradicted by the records. Anyway, we are not supposed to disclose these statements outside of the court case, so how do I deal with this in the tribunal. Can I merely refer to them but not be able to disclose them to the other side until after the court case is completed?
  3. It is quite complicated and has currently been going on for over a year. It involves some seriously damaging lies by a manager who has left, which were then supported by other staff. Perhaps what would be best would be if I drafted some sort of statement of events (like they do for the tribunal) and then ask for advice on that? When do documents usually have to be requested and exchanged?
  4. My partner is taking her employers to tribunal after being dismissed. The union passed the matter to Thompsons and they have said she should withdraw the claim. We wrote back to them identifying 6 areas where the company was potentially at fault, which were in brief: 1. Investigation not sufficient 2. Failed to take account of previous conduct 3. Investigation not timely 4. Conclusions biased 5. Dismissal allegations a result of behaviour of manager, after reporting the company to regulator 6. Company refused to allow a solicitor to attend disciplinary or appeal They have just responded again suggesting we withdraw the claim, but not explaining why our contentions are not relevant to the disciplinary process. I have two questions 1. If we take this ourselves, and I believe there is a case to answer, how hard is this? Is there any support available (we dont have money to pay privately)? 2. I am aware that costs can be awarded against claimants in certain circumstances. How likely is this? I am extremely disappointed with the attitude of the solicitors. If their logic were applied to all tribunal cases, especially where the employer is determined to find someone guilty of misconduct, then we wouldnt ever need tribunals. A company would never admit that one of their managers had instigated a witchhunt. Of course its not going to be easy!
  5. My partner was dismissed and the matter is currently going to tribunal. THe company underpaid her in her final wages and from the end of December to the beginning of April denied there was any underpayment. In their tribunal response they admitted the underpayment and said it was in the process of being resolved - although not paid as yet. A P45 was issued in the last tax year on the termination of her employment. When the underpayment is made, what is the payment that will be made? Will this be taxed? If so at what rate? If it is taxed as a payment in the current tax year, how can my partner recover this in a timely fashion, bearing in mind we wouldnt want to wait another twelve months to collect this - if it had been paid when it was in fact due, then we would have been able to reclaim the overpayment from the revenue within the next month or so. Thanks
  6. My partner is a carer and was suspended in March. She was arrested and purely on the basis of allegations made against her by staff members - purporting to events which happened up to twelve months ago! The allegations were made after she reported the place she worked to CQC. The police seem to have gone "x people say this is how you have behaved, must be true". We are confident that, since the statements are littered with lies and inaccuracies, the court case can be won. We are also pretty sure that somehow the management of the company has coerced or induced these colleagues to lie - one of them as much admitted it, but only verbally and with no independent witnesses. The company is also disciplining her - but completely out of process; no evidence, no documentation - and seemingly victimising her; refusing to pay her properly - possibly with the hope she will turn round and resign. The manager at the time of her suspension has left, and her statement to the police indicated that my partner was the worst employee ever - not doing her job, not doing the meds, being demoted, abusing residents continually....but there is no evidence on her personal file that she was ever warned, either formally or informally....because it never did. And there are lies in here we can show to be just that. The deputy manager's statement is pure vitriol! She went to a discplinary and is awaiting the outcome. The company have not properly investigated the allegations, but whether or not they will now look at the allegations and think "that is idiotic! Why didnt they report it when it happened?" She herself is really struggling. This was her life and she did care about the residents. My questions are: 1. Why do people lie about their work colleagues. Although she had had fall outs, she did socialise with these people. How can a company make people lie about someone else? It is difficult for me to understand. 2. Does anyone know of any organisations which might help her cope with this situation. We have a lawyer and the Union, but this seems to be more practical support. Thanks
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