Bignick58
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Everything posted by Bignick58
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Hi Shoegall, Just a thought... I might be tempted to send a letter to my ex employer asking for a comprehensive list of all "prospects who were negotiating with them or their clients" at the time you left. This way you could avoid unknowingly contacting them for what remains of the six months. If they aren't forthcoming with such a list, they surely can't reasonably expect you to know the information, or hold you to the terms of such a vague clause in the contract. Nick.
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Well, The case was heard on Friday... and we lost . Gutted! The Judge wasn't really interested in a number of (we thought) significant procedural issues. The original allegation of my wife swearing in front of customers was made by a team leader. There was documented history of problems my wife was having with this team leader. The bottom line was that there was a statement from a witness supporting her version of events. So, we not only had to show that the witness was lying (very difficult), but we also had to show that the dismissing officer also believed he was lying. (Nigh on impossible.) Thanks for all the help from all on the board. One more final question... Now that this case has now been heard in a public court, I presume it is now in the public domain. Would I now be able to put up a website about this? My wife does keep in touch with some workers there and has been told that the "supporting witness" has let it be known generally (young idiot) that he lied about being a witness in exchange for promised privileges at work. My main aim would be to let the other employees know the actual reason for the judgment and allow them all to draw their own conclusions, knowing what they now know about the supporting witness. I am an internet marketer and also have the knowledge and ability to promote a website to a large audience, which would also give me some degree of satisfaction. Thanks all once again. Nick.
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Hmmm, I've got one or two of them monkeys in mind...
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Thanks again all, I'm gonna be a real pest and ask another question... The respondent has previously made a couple of derisory settlement offers. (Good sign, I believe.) With all what we can show they've done, and they already KNOW we can show it, I can't believe that they'll allow this to actually reach the Hearing stage. (Large household name company, reputation to lose.) What I'm asking is, if a settlement is offered at the Tribunal door, so to speak, what are the mechanics of it? We don't have legal representation, so is there a standard form or something? Wouldn't want to withdraw the case, then have them "change their mind". Thanks, Nick.
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More fun guys... The respondent's rep have started spitting out their dummy about stuff we've been filing with the tribunal about his little games. They've sent a rambling letter full of rubbish in "response" to the things we've put on file. They've now sent us another letter demanding evidence of jobhunting. Am I right in thinking that this sort of info only comes into consideration if and when judgment is made? We have been collecting appropriate evidence to produce at the ET. I would be really happy to be able to tell 'em to "mind their own". Nick.
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Thanks for the advice. This was just the last of a few games the respondent's solicitor has been playing. (They've all been put on file with the ET.) However, just another quick one guys, We are still perfecting our cross examination notes and it's based mainly on their own contemporary documentation, withheld interviews (provable) and uninterviewed witnesses (again provable) so in the main isn't really stuff they can answer. We were wondering what type of questions my partner should expect in cross examination. As we understand it, all the respondent is trying to show is that the procedures were followed. (Their own and ACAS) I can't imagine them trying to show the ET that my partner is actually guilty of the alleged offence, otherwise it would degenerate into a "Oh yes you did!", "Oh no I didn't!" situation. My partner's witness statement is also mainly evidencial based, with a couple of "unprovable" happenings. Thanks for the input so far.
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Thanks both, @ madari, we've already signed ours. No problem though, we stand by everything... it's all the truth Just how much can be "altered/amended"? Seems strange that they can just change their statements on the day, after all our hard work, preparing to rip them to bits in cross examination Regards, Nick.
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Hi all, Just a quickie. We've recently exchanged witness statements. The respondent has sent theirs unsigned. Is this right? If not, could we ask for their response to be struck out for failing to comply with deadline for exchange? Many thanks, Nick.
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Employment Tribunal .....LOST
Bignick58 replied to greendollar's topic in Employment and minimum wage problems
Hey Greendollar, Just got back from holiday and searced for your result. (Knew your case was imminent). I'm so sorry to hear the outcome. I started off thinking along the same lines, trying to show what lying toerags everyone is from the employers own investigation evidence. I quickly realised that the real way to attack it, is to show what a pig's ear they made of following both their own and ACAS procedures. In my wife's case we're sure we can show that, among other things, evidence was manufactured / concealed / withheld. We're now at disclosure. I sent a request for some stuff we can prove exists, but have never seen. Lo and behold, the respondent have suddenly appointed a representative! I'm an optimist and see this as a sign that they are less sure about things. Anyway, all the best for the future. (Are you back in work yet?) Nick. -
Job Application Help :/
Bignick58 replied to Nottingham1989's topic in Employment and minimum wage problems
That's the idea, That's EXACTLY the sort of thing to write in your application. -
So glad I've put your mind at ease.. Go and have a coffee to calm the nerves.
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Hi SarEl, Just another quick message before getting ready for work. Yes, it's definitely Leeds. Welcome... to the Twilight Zone! Are you a "Wessy" then? We're about an hour East of Leeds. Disclosures by mid March, bundle to include compensation award claim details (schedule of loss?). Witness statements by early April, notice of hearing in due course. All ordered by the Judge. So, we get to see (eventually), what we ask for, then decide what we want in the bundle? The judge has tried to nip the "relevancy" issue in the bud. Anything in dispute should be included and relevancy decided by the Tribunal. Any pointers on what we should disclose? We've got prepared notes which my wife was intending to use at her disciplinary and appeal hearings, (she wasn't allowed to refer to them at the meetings). We could also provide evidence of job hunting. That's all for now. Catch you later, Nick.
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Leeds ET... More details tomorrow, just off to bed for my beauty sleep. Later, Nick.
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Hi SarEl, Well, the wife's just received an order for disclosure in preparation for the bundle. I've had a look around the web, but aren't sure about the "nuts and bolts" of this part of the process. Do we just wait and see what the respondent sends to us? Or, should we be making specific requests for documents? We're pretty sure that there are specific things we want that won't be sent The respondent has denied their relevance all through my Wife's dismissal process. Is it correct that this disclosure part is open ended? (There's a deadline date in the Judge's letter.) It looks like she's been asked for a schedule of loss. Is there anything else she should be sending the Respondent? I've seen mention about mitigation evidence, job applications, etc. Also, the parties have been asked to agree and prepare a bundle. Who normally does this? (I may have more questions later.) Thanks, Nick.
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Gross Misconduct ???
Bignick58 replied to greendollar's topic in Employment and minimum wage problems
Wouldn't there be a default judgment in that case Dollar? -
Right, How about this idea? If fees are brought in to make a claim, how about a fee to defend the claim also? PRO RATA! Claimant monthly benefits income = £300, Tribunal fee = £100. Respondent monthly income = £tens of thousands, Tribunal fee = £one third of tens of thousands. This would have the added benefit of concentrating the Respondent's mind on actually defending the case, rather than clogging up the Tribunal system with delaying tactics. Sadly, there would probably have to be a ceiling on the Respondent's fee.
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Hey, SarEl.... Shhhhh!
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Hi all, Just ploughing through all the paperwork involved in my wife's case. On reading the company policy on disciplinary and appeals it states that "We will comply with the minimum statutory disciplinary procedures." I believe this refers to the old statute,repealed in 2009? If so, are they still bound to follow the old statutory process, (because they have it written into their policies) or can they ignore it? I understand that the old statute can't actually be used as a tool, but is it still worth pursuing transgressions at a tribunal, as it forms part of their policy? Thanks for any further advice, Nick.
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Don't bother testing SarEl. She's really busy with PROPER stuff!
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Hi again, Just a quick update. Wife's now got back her Jobseekers. Respondent's written another letter along the same lines as the last one. We've written back this time, telling them we'll supply more info when ET tells us to. Just received the ET3 from the Tribunal, so they've managed to fill it in without the benefit of all the extra information they wanted. I think we should possibly now add some more detail to the ET1. How do we do this? Just write to the Tribunal office? Thanks, Nick.
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Tribunal - Schedule of Loss
Bignick58 replied to Bradden's topic in Employment and minimum wage problems
This information might be helpful to all... http://etclaims.co.uk/2008/04/push-your-luck/ Best of luck. -
Thanks very much for your input Greendollar. That's roughly the lines I was thinking along. I've written the letter and reluctantly given a lot more detail about the case. I've also asked them not to pass any of it on to the respondent, because of the possibility of compromising the case at Tribunal. We'll just wait and see... It would appear we may have to add this to the list of "cuts". This is ringing a bell or two SarEl. I recall hearing something recently on our local radio about the jobs situation improving due to the numbers claiming JSA falling. It could be that DWP are actively culling claims? And besides which - if you win they get the money back from the award - don't forget that they get repaid any JSA benefits from a tribunal award! Also, a quick thought on this one. If the respondent settles before the Tribunal, does the JSA recovery rule still apply? Thanks all, Nick.
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Hi Greendollar, Looks like the wife's JSA is likely to get stopped. It's been suspended since Xmas while they "investigate". (Questionnaires backwards and forwards wife ex employer.) They've already had a copy of the ET1 and the acknowledgement letter. How did you word your appeal letter? Nick.
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Thanks for the encouragement. Nick.
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Hi HB, Of course the other side see themselves as judge and jury. It's the norm, isnt it? The ET would probably consider most of the stuff we've got, but the point is, we haven't got that far yet. The respondent is only (supposed to be) replying to the claims made in the original ET1 form. From the demands they're making you'd think the Tribunal was next week! Still, I enjoy writing letters, keeps the brain cells awake... Thanks for your interest, Nick.
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